THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 28722 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondent in insisting the petitioner to remove his vegetable shop shed and vacate from portion of site admeasuring about Ac.0.35 cents covered by Survey Nos. 388/5B, 389/12A and 390 of Amalapuram town survey limits for road widening as illegal and arbitrary, and consequently direct the respondent not to dispossess the petitioner from any portion of the said shop shed and site. 2. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent. 3. The case of the petitioner, in brief, may be stated as follows: The petitioner is the owner of the property in question, and he got the same under a partition among his brothers. The respondent sent a requisition to the Revenue Divisional Officer requesting to acquire Ac.0.03 cents in survey no.388/5B and Ac.0.01 ½ cents in survey no.389/12A of Amalapuram town for the purpose of formation of approach road and laying pipeline to ESLR Water Tank, and the said authority acquired the required site and compensation was paid to the petitioner. To the south of the said acquired site, the petitioner has Ac.0.05 cents of site with 200 feet length and has another site north of the said acquired site. On 22.10.2011, the respondent visited the aforesaid site and insisted the petitioner to vacate therefrom and also remove vegetable shop stating that municipality requires southern adjoining Ac.0.05 cents of site to the acquired site for the purpose of widening the approach road. Hence, the Writ Petition. 4. It is the contention of the learned counsel for the petitioner that without notice or without following due procedure, the respondent is trying to evict the petitioner from the aforesaid land. 5. On the other hand, the learned standing counsel appearing for the respondent states that at present, there is no immediate threat of eviction of the petitioner from the site in question or insisting him to remove vegetable shop, and if the shop in question comes in the way of laying approach road, then the municipality will take further proceedings in accordance with law after giving reasonable opportunity to the petitioner. 6. If the respondent wants to acquire the site in question for the purpose of road widening, a procedure is contemplated under law for acquiring the same. Without acquiring the land in accordance with law, no person shall be deprived of his right over the property. 7. In view of the submission made by the learned standing counsel appearing for the respondent, the Writ Petition is disposed of with a direction to the respondent to follow due process of law. No costs. --------------------- (K.C.Bhanu, J.) 27.10.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 28722 OF 2011 27.10.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 28722 OF 2011 DATED 27.10.2011 Between: Nulu Subrahmaneswara Rao …Petitioner And Amalapuram Municipality, rep. by its Commissioner, Amalapuram town, East Godavari District …Respondent