IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20870 of 2008 Between: 1 Kalangi Siva Rama Krishna S/o.late K.Venkateswara Rao R/o.Door No. 12-23-20, Puvvadavari Street, Kothapet, Guntur City, Guntur. 2 Smt.Kalangi Rama Devi W/o.Kalangi Siva Rama Krishna R/o.Door No. 12-23-20, Puvvadavari Street, Kothapet, Guntur City, Guntur. ..... PETITIONER(S) AND Guntur Municipal Corporation, rep. by its Commissioner, Guntur. .....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 more in the nature of Writ of Mandamus declaring the notice vide ROC No.7464/2008/G1/TPS-II dated 1-8-2008 issued by the respondent and the respondent has no right to take possession of the land without following the Land Acquisition Act, 1894 and the threat of demolition on 16.09.2008 in respect of the property (1) bearing present Municipal Door No.12-19-119, Asst. No.18285, admeasuring 105.89 sq. yards, Guntur Municipal Limits, Guntur District bounded by North: Property belonging to the Smt.Kalangi Annapurnamma, South: Municipal Corporation Road, East: remaining property of Vendors, West: property belongs to Kalangi Annapurnamma, and (2) bearing present Municipal Door No. 12-19-119, Asst. No. 18285, admeasuring 250.11 sq. yards, Guntur Municipal Limits, Guntur District bounded by North: Property belonging to K.Seshu Kumar, South: Municipal Corporation Road, East: Municipal Corporation Road, West: property belongs to K.S. Rama Krishna as being arbitrary, illegal and violative of Article 14 of the Constitution of India and issue such other writ or order or directions as deemed fit and proper in the interest of justice. Counsel for the Petitioner:MR.B.V.V.S.MURTHY Counsel for the Respondent No.: MR.B.VENKATARATNAM The Court made the following : ORDER This writ petition has been ﬁled by the petitioners, who are two in number, assailing the action of the respondent in trying to demolish the property bearing D.No.12-19-199, Asst.No.18285, admeasuring 105.89 square yards, Guntur Municipal Limits, Guntur District. The petitioners are husband and wife. They own a house bearing D.No.12-19-199, Asst.No.18285, admeasuring 105.89 sq.yards. A portion of the house being eﬀected in the road widening. Respondent- Corporation issued notice under Section 146 of Hyderabad Municipal Corporation Act, 1955 as applicable to Guntur Municipal Corporation calling for consent of the petitioners. The petitioners apprehending demolition of the constructions since they are not inclined to give consent as sought for by the respondent, approached this Court invoking jurisdiction under Article 226 of the Constitution of India. When the writ petition came for up admission, Sri B.Venkata Ratnam, learned standing counsel for Guntur Municipal Corporation received notice on behalf of the respondent. Learned standing counsel, on instructions, reports that the respondent will follow due process of law in the event a part of the premises owned by the petitioners is required to be demolished for road widening. In that view of the matter, the writ petition is disposed of directing the respondent to follow due process of law in the event a part of the premises owned by the petitioners is required to be demolished for road widening. No costs. __________ 24-09-2008 Note: Issue CC by two days. (B.O) rkk