IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 23814 of 2007 Between : 1 Mulakalapalli Anantha Kasi Visweswara Rao S/o.M.V.Narasinga Rao H.No.19-10-13, Matam Street, Vizianagaram, Vizianagaram District. 2 Mulakalapalli Ganapati Rao S/o.M.V.Narasinga Rao H.No.19-10-13, Matam Street, Vizianagaram, Vizianagaram District. 3 Mulakalapalli Gopala Krishna Somayajulu S/o.M.V.Narasinga Rao H.No.19-10-13, Matam Street, Vizianagaram, Vizianagaram District. ..... PETITIONERS AND The Vizianagaram Municipality, Rep. by its Commissioner, Vizianagaram. .....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 impugned action of the Respondent in widening the roads by demolishing the Buildings bearing H.No. 19-10-13, Matam Street, Vizianagaram, Vizianagaram District of the Petitioners without any notification, without payment of any compensation and without initiating any action under the provisions of Sec. 172 or any other applicable provision of the A.P. Municipalities Act, 1965, or under the provisions of the Land Acquisition Act or by private negotiations as illegal, arbitrary and violative of principles of natural justice etc and consequently direct the respondents not to demolish the buildings of the petitioners for the purpose of the road, widening without any notification, without payment of any compensation and without initiating any action under the provisions of SEc. 172 or any other applicable provision of the A.P. Municipalities Act, 1965, or under the provisions of the Land Acquisition Act or by private negotiations and grant such other relief or reliefs. Counsel for the Petitioners : MR.N.V.ANANTHA KRISHNA Counsel for the Respondent: MR.S.NAGESWARA REDDY The Court made the following : ORDER : In this writ petition, it is the grievance of petitioners that the respondent/Municipality is taking steps for demolition of the structures owned by them in the premises bearing No.19-10-13, situated at Matam Street, Vizianagaram, for the purpose of road widening, in the absence of any consent from them, and without initiating the process for notifying the same under the provisions of the Land Acquisition Act, 1894. 2. On last occasion, the matter was adjourned to enable the learned Standing Counsel to file counter. 3. Counter affidavit is filed by the Commissioner of the respondent/Municipality. In para 10 of the counter, it is stated : “it is submitted that the respondent/Municipality never taken any action on the petitioners’ property for road wi deni ng programme and as and when the respondent/Municipality requires petitioners’ scheduled property for road widening programme, it will be taken duly following the process of law i.e. private negotiations or Section 172 of Andhra Pradesh Municipalities Act, 1965 or Section 4(1) of the Land Acquisition Act, 1894.” 4. In view of the above averments made in the counter, it appears that under mere apprehension that their constructions would be demolished, the petitioners have approached this Court. In view of the assurance given by the respondents that they will not remove the constructions for any purposes, in the absence of petitioners’ consent or without following the procedure contemplated under the Land Acquisition Act, recording the said submission, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 29th April 2009 ajr