IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1035 of 2009 Between: N.V.S. Prakash Rao S/o. Late Bapi Raju R/o. Subramanya Financiers, Bavajipet, 2nd Line, 24-15-19, Vijayawada-3. ..... PETITIONER AND Vijayawada-Guntur-Tenali-Mangalagiri Urban Development Authority rep. by its Chairman & Managing Director, Lenin Centre, Governorpet, Vijayawada-520 002. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more in the nature of Writ of Mandamus declaring the action of the respondents, its officials, servants, etc. in laying stones in Sy.No.79/1/B, in Paikapuram Village, Vijayawada Rural, Krishna District belonging to the petitioner herein and seeking to appropriate away the same without due process of law as illegal, arbitrary and offends constitution of India. Counsel for the Petitioner:MR.V.HARI HARAN Counsel for the Respondent No.: K.ARUNA(SC FOR V.G.T.M.U.D.A) The Court made the following : O R D E R:- The petitioner claims to be the owner of 605 sq. yards of land in R.S.No.78/1/B situated in Paikapuram Gram Panchayat, Gijayawada Rural, Krishna District having acquired the same under a registered sale deed dated 24.4.1985 from one N.Pandu Ranga Vithal and he erected a small room therein which is being used as a shop. Thereafter, he alienated an extent of 150 sq. yards of land out of the total extent to his daughter by way of Gift Deed dated 18.5.2007. While so, the respondent demarcated S.No.77 and fixed a stone in R.S. No. 78/1/B in which his land is covered, for the purpose of acquiring it to lay Inner Ring Road. Then, the petitioner made a representation dated 01.2.2008 to the respondent to furnish detailed information regarding formation of road in R.S.No.78/1/B and the respondent, vide its letter dated 30.3.2008 furnished the required information, and the petitioner’s grievance is that the respondent, without issuing any notice and without following due process of law are going to acquire his land for the purpose of laying Inner Ring Road. Heard the learned counsel for the petitioner and the learned Standing Counsel for Vijayawada-Guntur-Tenali-Mangalagiri Urban Development Authority and perused the material placed on record. The letter dated 30.3.2008 issued by the respondent reveals that the Urban Development Authority has planted stones in R.S. No. 78/1/B of Payakapuram village for formation of 100’-0” wide Vijayawada Inner Ring Road as per Z.D.P. This 100’-0” wide road is to be formed on both sides of the existing drain by taking equal area on both sides. The purport of the letter sent by the respondent is the stones planted in R.S.No. 78/1/B of Payakapuram village is only an indication with regard to the measurements for formation of Inner Ring Road and it does not reveal any initiation of proceedings for acquisition of petitioner’s land. However, the learned Standing Counsel has submitted that so far they have not proposed to acquire the petitioner’s land and in case they intend to acquire it, they shall certainly follow due procedure under law. In view of the above letter dated 30.3.2008 and the stand taken by the learned Standing Counsel that the respondent would certainly issue notice to the petitioner and follow due procedure under law before going to acquire his land, this Court deems it appropriate to dispose of the writ petition with the following directions: “The respondent is directed to issue notice to the petitioner and follow due procedure under law in case the respondent proposes to acquire the petitioner’s land for widening the road.” Accordingly, the writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 28th January, 2009 bcj