THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.18845 OF 2007 DATED 5TH AUGUST, 2010 BETWEEN S.Kanakavardhana And Others … Petitioners And The Commissioner, Pedana Municipality, Pedana, Krishna District. And Others … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.18845 OF 2007 ORDER: The petitioners seek a writ of mandamus directing the respondents not to demolish their houses and shops situated on either side of the main road connecting Machilipatnam to Gudiwada at Pedana in Krishna District, for the purpose of laying a bypass road. The learned counsel for the petitioners states that the matter is squarely covered by the order dated 19.11.2007 passed by a Division Bench of this Court in Writ Petition No.18138 of 2007. This is not disputed by the learned standing counsel for the first respondent Municipality. A copy of the order is placed before me and reflects that the Division Bench was not willing to accept that the owners of the land in Pedana Municipality voluntarily agreed to part with their land without compensation, by way of notarized affidavits. The said affidavits were examined in extenso by the Division Bench and the Bench was of the opinion that no sensible person would have scribed such an agreement. At that stage, the learned standing counsel appearing for the Municipality stated before the Bench that the Municipality was not acting upon such agreements and would take recourse to the expropriatory powers of the State under the Land Acquisition Act, 1894. This was taken note of by the Bench. In terms of the aforestated order and for reasons alike, the present writ petition is allowed directing the respondents not to interfere with the petitioners’ properties situated in Pedana Municipality, Krishna District, for the purpose of laying a bypass road, without acquiring the said lands in accordance with the procedure laid down in the Land Acquisition Act, 1894. There shall be no order as to costs. ____________________ SANJAY KUMAR, J. 5TH AUGUST, 2010. VGSR