HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.20818 of 2011 Date : 21-10-2011 Between : Sri Venkateswara Lubricants Oils, Represented by its Proprietor B.Venkateswara Rao Addanki Bus Stand, Kurnool Road, Ongole, Prakasam District. .. Petitioner And Government of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad and others .. Respondents Counsel for petitioner : Sri Kurra Srinivas Counsel for respondent No.1: Assistant Government Pleader for Municipal Administration Counsel for respondent No.2 : Sri S. Nageswara Reddy, Standing Counsel Counsel for respondent No.3 : Assistant Government Pleader for Revenue The court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of the respondents in giving marking to the petitioner’s building bearing No.31-1-175, Addanki Bus Stand, Kurnool Road, Ongole, as illegal and unconstitutional. At the hearing, Sri Kurra Srinivas, learned counsel for the petitioner, submitted that after the filing of the Writ Petition, the respondents have served notice dated 27-6- 2011 and that this Court has considered similar notices in the earlier Writ Petitions which include W.P.No.26673/2011 and set-aside the same with appropriate directions. In support of his submission, the learned counsel submitted a copy of order dated 22-9-2011 in W.P.No.26673/2011. A perusal of the said order and the impugned notice shows that this Court has set-aside an identical notice on the following reasoning: “… By the impugned notice, respondent No.2 has informed the petitioner that in pursuance of the proposal to widen the existing Kurnool road to 100 feet, the petitioner’s property is required. While asserting that in terms of Sections 171 to 179 of the Act and the Andhra Pradesh Town Planning Act, 1920, respondent No.2 is vested with the powers to remove all the buildings for the purpose of road widening, in para No.4 of the notice, the petitioner is called upon to submit his objections within 15 days if he has any. However, in para No.5 of the notice, it is stated that the petitioner shall remove the building at his own expenses within 15 days, failing which, respondent No.2 will remove the building and recover the expenses from the petitioner. In my opinion, the impugned notice does not conform to the legal principles and the same is far too in excess of powers of respondent No.2. Under Article 300-A of the Constitution of India, no person can be deprived of his property except by following the procedure established by law. Under Section 174 of the Act, while vesting the power of acquisition of the property comprising land and buildings of any person in the municipal body, a procedure has been laid down which includes payment of compensation as envisaged therein. Unless the said procedure is followed by respondent No.2, it has no power or authority to take over the private property belonging to the petitioner. As noted above, the notice itself is self-contradictory. On one hand in para 4, the petitioner was asked to submit his objections within 15 days and on the other, in para 5, he was directed to remove the building within 15 days and hand over vacant possession, failing which, the Corporation itself will undertake the said task. Even for this reason, the impugned notice cannot be sustained. For the above mentioned reasons, the Writ Petition is allowed and the impugned notice is set-aside. Respondent No.2 is directed to act strictly in accordance with Section 174 of the Act, if it requires the petitioner’s property for the purpose of road widening.” It is conceded by the learned counsel for the respondents that the present case is identical to W.P.No.26673/2011. Therefore, this Writ Petition is allowed in terms of the above mentioned order dated 22-9-2011 in W.P.No.26673/2011 with the direction that the reasons and the directions contained therein shall form part of this order. As a sequel, interim order dated 22-7-2011 is vacated and WPMP No.25299/2011 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 21-10-2011 AM