IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE 5th DAY OF FEBRUARY, 2010 PRESENT: HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.249 of 2010 BETWEEN: T.K.Jai Kumar … PETITIONER(S) AND Municipal Corporation of Vijayawada, rep by its Commissioner, Vijayawada, Krishna District and another …RESPONDENT(S) HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.249 of 2010 ORDER: In this petition, the petitioner seeks to issue a writ in the nature of mandamus declaring the action of the respondents and their subordinates in contemplating to demolish a part of the house and other structures belonging to the petitioner in Door No.44-2-37/1, Ramakrishnapuram, Padavala Revu, Gunadala, Vijayawada, Krishna District as contrary to the provisions of law as well as the principles of natural justice. Heard the learned counsel for petitioner and the learned Standing Counsel appearing for respondents. Even according to the petitioner, till date the respondents have taken no steps for demolition of the structures of his house. Further in the affidavit it is alleged by the petitioner that the respondents have threatened to demolish the part of his property and other structures thereon. Even if the properties are required by the respondents for any public purpose, they can take possession of the same either with the consent of the petitioner or by taking steps for acquisition under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as – ‘the Act’), after following the due process of law. In that view of the matter and since, as of now, there is no notification for acquiring the said property, I deem it appropriate to dispose of the writ petition directing the respondents not to deprive the property of the petitioner in respect of the house bearing Door No.44-2-37/1, Ramakrishnapuram, Padavalarevu, Gunadala, Vijayawada, without following due process of law. However, it is made clear that if the property of the petitioner is required by the respondents for any public purpose, this order will not preclude the respondents either to take consent of the petitioner or to notify the land for acquisition under the provisions of the Act. Subject to the above observations, the petition is disposed of. There shall be no order as to costs. _______________________ R.SUBHASH REDDY, J 5th February 2010 CVRK