IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 4307 of 2008 Between: G. Varahalamma W/o. Late Appa Rao, Hindu Door No.61-4-30, Venkannapalem, Malkapurm Post, Visakhapatnam-530 011. ..... PETITIONER AND The Greater Visakhapatnam Municipality, rep. by its Commissioner, Visakhapatnam Post & Dist. .....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 particularly one in the nature of Mandamus declaring the high handed action of the respondent and his men in trying to demolish the residential house of the petitioner bearing Door No.61-4-30 situated in Venkannapalem, Malkapuram Post, Visakhapatnam-530 011 without following due process of law by issuing any notice nor acquiring under the Land Acquisition Act nor the procedure contemplated under the Municipal Corporation Act of 1966 is illegal, unjust, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and be pleased to pass such other order or orders Counsel for the Petitioner:MR.E.V.BHAGIRATHA RAO Counsel for the Respondent.: MR.N.RANGA REDDY The Court made the following : WRIT PETITION NO : 4307 of 2008 O R D E R: In [aphc1]this case, the grievance of the petitioner is that the respondent-Municipality has been seeking to acquire [aphc2]land by demolishing the premises of the petitioner, for the purpose of widening the road existing, without invoking the provisions of the Land Acquisition Act, 1894 and issuing notice. It is needless to observe that the Municipality cannot take possession of the property owned by the citizens without recourse to law. The respondent is, therefore, directed to follow the procedure laid down in the Land Acquisition Act and acquire the land in question and without adopting such a procedure, it should not insist upon the petitioner to part with the possession of the land. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 12th March 2008 Stp To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN} [aphc1] [aphc2]