IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 6076 of 2008 Between: M/s.S.K.Big Star Foods Ltd., rep.by its Managing Director Sri Mallidi Nagiri Reddy, S/o.Bhaskar REddy having its Regd.office at H.No.11-9-17/2, Sri Lakshmi Tulasi Apartments, Dasapalla Hills, Visakhapatnam-3 ..... PETITIONER AND 1 State of Andhra pradesh, rep.by its Secretary, M.A. and U.D.Department, Secretariat Buildings,Hyderabad 2 Visakhapatnam Urban Development Authority, rep.by its Vice Chairman & Managing Director, Udyog Bhavan, Siripuram, Visakhapatnam-3 .....RESPONDENT(S) 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 to issue a writ orderor direction one particularly in the nature of writ of mandamus declaring the action of the respondent in taking possession of 1377 sq.yards out of Ac.3.24 of the petitioner or any portion thereof situated in Sy.No.7/3 covered by patta No.153 of Paradesipalem village, and Gram panchayat, chinna Gadili Mandal, Visakhapatnam District without following the procedure under Land Acquisition Act is arbitrary, illegal, and violative of Article 300-A of constituion of India and direct the respondent to initiate steps under Land Acquisition act and pay compensation before taking possession of Ac.3.24 land or any portion thereof in Sy.No.7/3 patta No.153 of Paradesipalem village, Chinna Gadili Mandal, Visakhapatnam District and pass Counsel for the Petitioner: MR.K.SOMESWARA KUMAR Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following ORDER : Ms.Preeti Reddy, learned Standing Counsel for the 2nd respondent – Visakhapatnam Urban Development Authority asserts that without following the procedure prescribed under the Land Acquisition Act and without acquiring the land belonging to the writ petitioner the road in Paradesipalem village, Chinnagadili Mandal, Visakhapatnam District, which is sought to be widened will not be widened at all. In view of the unequivocal statement of the learned Standing Counsel for the 2nd respondent the grievance of the petitioner does not require further scrutiny and hence the 2nd respondent is directed to adopt and follow the procedure prescribed by law and in particular the Land Acquisition Act and acquire the lands in question before undertaking any demolition of the existing structures in the process of widening the road at Paradesipalem village. With this the writ petition stands disposed of. No costs. ------------------------------------------------------- JUSTICE NOOTY RAMAMOHANA RAO Dt : 24.3.2008 knk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}