HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.28835 of 2009 Date: February 24, 2010 Between: Gandham Nancharaiah, S/o. G. Venkateswara Rao, Aged about 47 years, Hindu, R/o.H.No.44-2-40/1, Ward No.36, Padalarevu, Gunadala, Vijayawada, Krishna District … Petitioner And Municipal Corporation of Vijayawada, rep. by its Commissioner, Vijayawada, Krishna District, and 2 others … Respondents Order: Heard learned counsel for the petitioner and Smt. G. Jhansi, learned standing counsel appearing on behalf of respondents. This writ petition is filed seeking Mandamus declaring the action of respondents in taking steps to demolish the house of the petitioner bearing No.44-2-40/1, situated in Ward No.36, Padalarevu, Gunadala, Vijayawada, as illegal and arbitrary. The grievance of the petitioner is that respondents are taking steps to demolish the aforesaid house, of which he is the owner and possessor, without following due process of law. On instructions, it is submitted by the learned standing counsel appearing on behalf of respondents that the property in question is required for the purpose of road widening, but it is not notified for acquisition yet. It is further submitted that if the said property is required for road widening, either the consent of the petitioner will be obtained or steps will be taken to acquire the same under the provisions of the Land Acquisition Act, 1894. In view of the aforesaid submission of the learned standing counsel, I dispose of the writ petition with the following directions: The respondents shall not demolish the property of the petitioner. If the property of the petitioner is required for road widening or any public purpose, respondents shall either obtain his consent to part with his property or take steps to notify the same under the provisions of the Land Acquisition Act, 1894. There shall be no order as to costs. ______________________ R. SUBHASH REDDY, J February 24, 2010 MRR