HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.21873 of 2008 Date: December 29, 2009 Between: Vutukuri Satish Kumar, S/o. late Hrushikesh Gupta, Aged about 60 years, Occ: Business, R/o.H.No.9-17-5, Government Hospital Road, Chirala, Prakasam District ... Petitioner And Chirala Municipality, represented by its Commissioner, Chirala, Prakasam District, and another … Respondents Order: In this writ petition, the petitioner has questioned proceedings Roc.No.1035/2007/G1, dated 06-05-2008, whereby he was advised by the respondents to part with the land to an extent of 95.83 Sq. yards, situated in Sy.No.479, Ward No.6, Chirala Municipality Prakasam District. The petitioner claims to be the owner and possessor of property to an extent of 599 Sq. yards, bearing Municipal No.9-17-5, Government Hospital Road, Chirala, Prakasam District. Earlier, the petitioner was issued notice dated 23-07-2007 intimating him that an extent of 95.83 Sq. yards out of the said land is required for the purpose of widening of road by the Municipality and was asked to give consent to part with the affected portion. The grievance of the petitioner is that in absence of any consent and without initiating any proceedings for acquisition of the property in question under the provisions of the Land Acquisition Act, 1894, respondents are taking steps for demolition. A copy of the order dated 15-11-2007 passed by this court in w.P.No.24054 of 2007 is filed along with the material papers. In the said writ petition, the action of the respondents in seeking to dispossess the petitioners therein from their property, which is also situated near the Government Hospital Road, Chirala, Prakasam District, was questioned. This court, by the aforesaid order, directed the respondents not to dispossess or take away any portion of the structures or land of the petitioners therein, in any manner, without following due process of law. As much as it is not in dispute that the land of the petitioner to an extent of 95.83 Sq. yards is being affected in road widening, it is open to the respondents to take consent from the petitioner to part with possession to the said extent, but, in absence of obtaining any consent from him and without initiating proceedings under the provisions of the Land Acquisition Act, 1894, they cannot dispossess him. In the circumstances and in view of the order dated 15-11-2007, passed by this court in W.P.No.24054 of 2007, in identical circumstances, I dispose of the writ petition directing the respondents not to dispossess the petitioner from an extent of 95.83 Sq. yards, which is said to be affected in road widening, bearing Municipal No. 9-17-5, Government Hospital Road, Chirala, Prakasam District, without obtaining his consent. However, it is made clear that, if the land/structures of the petitioner are required for any public purpose, this order will not preclude the respondents from initiating proceedings under the Land Acquisition Act, 1894. No order as to costs. ______________________ R. SUBHASH REDDY, J December 29, 2009 MRR