THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.20936 of 1999 ORDER: The petitioner is a Private Limited Company and it has established a unit to manufacture clay pipes and tiles in an extent of Acs.4.93 cents of land in R.S.Nos.464/A, 464/B, 464/C and 464/B2 of Rajahmundry Revenue Village. Its grievance is that the Municipal Corporation is proposing to lay a road across the premises of the factory, without initiating any proceedings under the Land Acquisition Act, 1894 (for short ‘the Act’) and without obtaining its consent. It is stated that on 02.10.1999, the officials of the respondent-Corporation visited the site and threatened the employees by stating that if any resistance is offered, the premises of the factory would be demolished. The petitioner contends that with some effort made by them, the attempts of the respondent could be resisted. It prays for a writ of Mandamus to declare the proposed action of the respondent-Corporation to demolish or to destroy the structures and stocks in the premises of the petitioner factory, without following due process of law, as illegal, arbitrary and violative of principles of natural justice and consequential direction is sought against the respondent-Corporation to drop further proceedings. The respondent-Corporation filed a counter-affidavit together with the supporting documents. It is stated that to relieve the congestion in the nearby roads, a proposal was mooted to form a bypass road connecting Morampudi and Balajipet localities. It is stated that the proposed road was to pass through small extents of land of about 10 to 12 owners, including the petitioner and except the petitioner, all other owners have given the written consent to part with the affected portion without claiming any compensation. According to the respondent-Corporation, the petitioner also gave oral consent for parting with 755 square yards of land, which would be affected by the proposed road, but when it resiled from it, the alignment of the road was changed in such a way that it passes through the abutting land of the Railways. The other allegations of the petitioner are denied. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent-Corporation. The writ petition is filed on the basis of an apprehension that the respondent-Corporation may utilize the land of the petitioner for laying a road. The apprehension of the petitioner was, no doubt, genuine, inasmuch as the respondent-Corporation has also admitted that it proposed to lay the road over the land of the petitioner. The fact, however, remains that on an objection being raised by the petitioner, the respondent-Corporation changed the alignment and the road has since been laid without touching the land of the petitioner. With this, the grievance of the petitioner stands redressed and nothing remains to be decided in this writ petition. Hence, the writ petition is closed. It is needless to observe that in case the respondent-Corporation intends to utilize any portion of the land of the petitioner, it shall be open to it to do so only by following the procedure prescribed by law. ____________________ L.NARASIMHA REDDY,J Dt:15.12.2008 kdl