THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.27809 of 2007 Date: 29.01.2008 Between: S. Chandravathi & others. … Petitioners AND The Govt., of A.P., rep., by its Secretary, Roads & Buildings Dept., Secretariat Buildings, Hyderabad & another. … Respondents Counsel for the petitioners : Sri L.J. Veera Reddy Counsel for the respondents: Assistant Government Pleader for Roads & Buildings THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION. No.27809 of 2007 ORDER:- This writ petition is filed for a writ of mandamus to declare the action of the respondents in seeking to demolish the petitioners’ shops bearing door Nos.3/1302 to 3/1310 and 3/1298 to 3/1301 respectively situated in Jammalamadugu Road, Proddatur Town of Kadapa District, without acquiring the same as per the provisions of the Land Acquisition Act, 1894 (for short, ‘the Act’), as illegal, unjust, arbitrary and discriminatory. The Executive Engineer, Roads and Buildings Department, respondent No.2, filed a counter-affidavit in which it is mentioned as under: “It is submitted that it is a fact that I have issued notice to the writ petitioners and others who are abutting to the T.B. Road, situated at Proddatur Municipality to attend the meetingg on 06.10.2007 to discuss in regard to the widening of the said road as the said road is very narrow and in view of the heavy vehicular traffic flowing from Mydukur to Jammalamadugu and in order to seek the opinion of the public, a notice was issued. In fact the said meeting couls not be held due to the non-availability of the Collector and the said meeting was postponed to 09.10.2007 in the presence of the Collector, Commissioner of Municipality, Proddatur and various other departments including this department and the residents abutting to the T.B Road have attended the meeting. In the said meeting it was originally proposed to widen the road to an extent of 80 feet, they have taken objection and finally it was agreed with a consciousness that the residents of T.B. Road, that the road would be widen to an extent of 72 feet only. In pursuance of the said conscious agreement this department has sent proposals to the Government for the widening of the road to an extent of 72 feet by duly acquiring the structures up to 12.19 meters on either side of the central of the road in order to maintain the 72 feet road width and the same is pending. It is submitted that this respondent has sent proposals to the Government for widening of the road to 72 feet width and the same is pending and yet to receive the finalization of the said estimate proposals sent by this office by the Government and unless the sanction is received by this office no demolition would be undertaken and in the event if any acquisition of land is required the same shall be done in accordance with due process of law.” In view of the above-reproduced averments contained in the counter-affidavit, learned counsel for the petitioners says that the petitioners would be satisfied if a direction is given to the respondents not to interfere with their possession of the property and demolish the buildings without initiating proceedings under the provisions of the Act. In view of the above, the writ petition is disposed of. The respondents are directed not to demolish the buildings and disturb the possession of the petitioners without initiating proceedings under the provisions of the Act. As a sequel to disposal of the writ petition, WPMP.No.36372 of 2007 filed by the petitioners for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J Date: 29.01.2008 ES