THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.3323 OF 2006 Dated: 21-02-2006 Between Ch. Rambabu, S/o. Ch. Venkatrao, R/o. D.No.15-8-8, Satya Prasanna Nagar, Kakinada, East Godavari District. … PETITIONER AND The Government of Andhra Pradesh, Rep. by District Collector, East Godavari District at Kakinada and another. … RESPONDENTS ORDER: This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondents in demolishing the petitioners’ house bearing No.15-8-8, situated Satya Prasanna Nagar, Kakinada, East Godavari District without initiating any Land Acquisition Proceedings for the purpose of road widening as illegal and arbitrary. The Learned counsel for the petitioner submits that the petitioner is the owner of the aforementioned house having purchased the same vide registered sale deed No.2056 dated 29.03.1995 in Kakinada town and municipality. The Kakinada municipality has been recently upgraded as Municipal Corporation. In view of the traffic congestion and to have free flow of traffic the Kakinada Municipal Corporation has decided to widen the roads, for which they have identified certain roads in the entire Kakinada municipal corporation. Learned counsel for the petitioner further submits that the petitioner is not at all against the road-widening programme of the respondents and they have no objection for the said programme if his land is acquired and if proper compensation is paid. The only grievance of the petitioner is that the respondents without issuing any notices, without paying any compensation for the structures or the lands and without following due process of law, are threatening to demolish the existing structures of the petitioner for the purpose of road-widening. The learned counsel for the petitioner further submits that the action of respondents without following the due procedure prescribed under law and without paying any compensation either by way of private negotiations or by way of initiating proceedings under the Land Acquisition Act is utter violation of the principles of natural justice as well as Sections 146 or 147 of the Municipal Corporations Act (for short ‘the Act’). This Court disposed of number of writ petitions directing the respondents not to demolish the houses of the private citizens without following due process of law. Having regard to the facts and circumstances of the case, this writ petition is disposed of directing the respondents not to demolish the structures or take away any portion of the properties of the petitioner and not to dispossess him without following due process of law under Sections 146 or 147 of the Act or private negotiations or by initiating the proceedings under the Land Acquisition Act, 1894. No costs. ______________ V. ESWARAIAH, J February 21, 2006 Note: Furnish C.C. of the order by 23.02.2006 (B/O) DSK