The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.6749 of 2005 Order: In this Writ Petition, the petitioner seeks declaration by way of Mandamus that the action of the respondent- Commissioner, Nellore Municipal Corporation, in taking steps for demolition of her shop covered by premises bearing No.17/275 of Yedlavaristreet, Nellore Town, without following due process of law, is illegal and arbitrary. As averred in the affidavit, filed in support of the Writ Petition, it is the case of the petitioner that she is the owner and possessor of property bearing No.17/275, Yedlavari street, Nellore Town, by virtue of a registered sale deed bearing No.1398.3650367, dated 22-11-1990. It is stated that the petitioner is running a Tiffin Center in the said shop, which is towards the road side, and that the respondent- authorities put red marks on the walls of the said shop and are taking steps for demolition of the same without initiating any proceedings under the Land Acquisition Act, 1894. In the counter-affidavit filed by the respondent- Commissioner, Nellore Municipal Corporation, while denying the allegations made by the petitioner, it is stated that the petitioner has filed this Writ Petition on mere apprehension and that there is no proposal for road widening and that no red marks, as alleged, were put on the wall of the petitioner’s shop. Recording the aforesaid statement made by the respondent-Commissioner in his counter-affidavit, the Writ Petition is disposed of. However, it is made clear that if the property in question is required for any public purpose, this order will not preclude the respondent-authorities from taking steps in accordance with law. No order as to costs. _________________ R.Subhash Reddy, J Dated 5th December, 2009 lur