IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 692 of 2009 Between: A. Narsing Rao, S/o. A. Raja Rao, R/o. Plot No. 18, Vijayanagar Colony, Picket, Secunderabad. ..... PETITIONER AND The Secunderabad Cantonment Board, Rep. by its Chief Executive Officer, Court Compound, Secunderabad. .....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 of Mandamus or any other appropriate Writ, Order or Direction declaring the action of the respondent in proposing to demolish the structures of the petitioner in Plot No. 18, Survey NMo. 32, 33 and 34 situated at South Kakaguda Vijayanagar Colony, Picket, Secunderabad for the purpose of widening the existing 30' to 60' road with out issuing any notice and acquisition proceedings as per law and without any enquiry to the objections raised by him on 16-1-2009 as illegal, arbitrary, unjust and without due process of law and pass necessary orders Counsel for the Petitioner: MR.M.S.N.PRASAD Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE The Court made the following : ORDER: This writ petition is filed by the petitioner questioning the action of the respondent – Secunderabad Cantonment Board in proposing to demolish the structures in plot No.18 situated at Vijayanagar Colony, Picket, Secunderabad for the purpose of widening the existing 30’ road to 60’ road without issuing any notice or acquiring the same by following due process of law. The main contention advanced by the learned counsel for the petitioner is that the respondent Board is not widening the road uniformly. Even though the center point is to be arrived at after determining the encroachments taken place towards north of Wellington road, the authorities gave markings for demolition of structures only on the southern side of the road without taking any steps for removing the illegal encroachments made on the northern side due to which the existing road has become narrow. It is also contended that for widening the road, the authorities have demarcated more area on the southern side when compared to northern side. Yesterday, when the matter was taken up, the learned standing counsel for the Cantonment Board sought time till today to obtain instructions. Today, the learned standing counsel has produced before the Court the relevant record and submitted that the allegation of the petitioner that the authorities are not following due process of law for acquiring the required lands is not correct and that they are going to issue notice to the petitioner and others before taking possession of the lands for the purpose of widening the road. It is also stated that they are widening the existing road basing on the central point of the road uniformly on both the sides of the road. In view of the above submission made by the learned standing counsel that possession of the required lands would be taken only after following due process of law, I see no reason to interfere in the matter. The writ petition is accordingly closed. N.V.RAMANA,J DT.23.1.2009 msv