IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.2832 OF 2008 BETWEEN: The Theosophical Society (Goutami Lodge), Raja Rama Mohan Rai Road, Kakinada, East Godavari Dist., Rep. by its Secretary and another …. Petitioners AND The State of Andhra Pradesh, Rep.by Collector, East Godavari Dist., Kakinada and Others …. Respondents THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.2832 OF 2008 ORDER: This Writ Petition is filed by the petitioners’ society seeking a Writ of Mandamus to declare the action of the respondents in demolishing the southern compound wall and structures of the petitioners’ society for widening the Raja Rama Mohan Rai Road, Kakinada, without acquiring the said portion, as illegal and arbitrary and consequently direct the respondents to acquire the land and pay compensation at the rate of Rs.12,000/- per square yard together with statutory benefits to the petitioners. 2. Respondent No.3 – Municipal Corporation, Kakinada, filed a detailed counter admitting that as per G.O.Ms.No.901 dated 31-12- 2007, money could be spent on road widening after passing resolution of the Municipal Council and after obtaining necessary permission from the Government only, the Municipality would pay the compensation as per the registration value. 3. The grievance of the petitioners is that so far, the Municipal Council has not passed any resolution for acquiring the land in accordance with law and has not determined the compensation according to the registration value. 4. In similar circumstances, a Division Bench of this Court in a decision in KARRE IYLAMMA v. COMMISSIONER, KAPRA MUNICIPALITY, RANGA REDDY DISTRICT[1] held as follows in paragraph-10: “In the result, we allow the Writ Appeal and direct the respondents 2 and 3 to take immediate steps to acquire the petition schedule land and pay the compensation in terms of law. This exercise shall be carried out within a period of six months from the date of receipt of a copy of this order. No cost.” 5. Therefore, respondent No.3 is directed to acquire the land in the first instance under Section 145 of the Hyderabad Municipal Corporation Act, 1955 and determine the compensation, in accordance with law. 6. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs. _____________ K.C. BHANU, J September 23, 2009. KTL [1] 2003(2) ALD 621 DB