HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21928 of 2004 Date : 04.08.2009 Between : Md.Khaja Moinuddin. …..Petitioner And Commissioner, Nalgonda Municipality, Nalgonda. …..Respondent HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21928 of 2004 ORDER : No representation for the petitioner. Heard learned Standing Counsel appearing for the respondent-Municipality. 2. In this writ petition, the grievance of the petitioner is that the respondent-Municipality is threatening to take possession of 75 square yards out of 468 square yards of his land in Survey No.32 of Buthuguda Market area of Nalgonda town, for the purpose of road widening, without his consent and also without initiating any proceedings under the Land Acquisition Act, 1894. 3. Though the writ petition is of the year 2004, no counter affidavit is filed on behalf of the respondent-Municipality. 4. In view of the allegations made in the affidavit filed in support of the writ petition, I deem it appropriate to dispose of the writ petition, directing the respondent-Municipality not to dispossess the petitioner from any part of his property, as otherwise than due process of law. However, it is made clear that if the petitioner’s property is required for the purpose of road widening, this order will not preclude the respondent-Municipality to obtain his consent to part with the land, or alternatively, to initiate proceedings under the Land Acquisition Act, 1894. 5. With the aforesaid directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 4th August 2009 ksh/ajr