IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 8742 of 2005 Between: Bollineni Super Speciality Hospitals, rep., by its Managing Director Dr. B. Bhaskar Rao, S/o B. Ramanaiah Naidu, R/o Nellore, Nellore District. ... PETITIONER AND 1 The Commissioner, Nellore Municipal Corporation, Nellore. 2 The District Collector, Nellore District, Nellore. 3 The Mandal Revenue Officer, Nellore. ...RESPONDENTS 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, direction, order or orders more particularly one in the nature of writ of mandamus declaring the action of the respondents in seeking to acquire and demolish front portion of the petitioner's hospital bearing Municipal No.24-1-1520, Ward No.24, Trunk Road, Dargamitta, Nellore without following the procedure of law nor issuing any notice is illegal, arbitrary, violation of principles of natural justice and contrary to the provisions of the municipalities Act and to the judgment reported in 2000(5)- ALT-246 (DB) and consequently direct the respondents not to take steps or indulge in any acquisition or demolition of the above said property in the interest of justice and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.A.CHANDRAIH NAIDU Counsel for the Respondent No.1: MR. A. SREEDHAR Counsel for the Respondent Nos.2 & 3: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following: ORDER: Petitioner submits that he is the owner of the property bearing Municipal No.24-1-1520, Ward No.24, Trunk Road, Dargamitta, Nellore District and constructed a hospital in the said property. The respondents have attempted to demolish the structures for the purpose of road widening without following due process of law. 2. This Court while admitting the writ petition by order dated 21.04.2005 directed the respondents not to demolish the structures in question without following due process of law. However, if the land or constructed area is required for the purpose of road widening, it is always open to the respondents to issue a notice for acquisition of the land and for paying compensation, but without following due process of law, no part of the property of the petitioner can be taken away. The writ petition is accordingly disposed of in terms of the aforesaid interim order. There shall be no order as to costs. ______________ V. ESWARAIAH, J March 7, 2008 DSK