HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.22637 of 2010 Date: 03.11.2010 Between: Shaik Nazeer Basha … Petitioner AND The Commissioner, Nellore Municipal Corporation, Nellore District and another … Respondents HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P. No.22637 of 2010 ORDER: The writ petition has been instituted seeking a Writ of Mandamus for declaring the action of the respondents in trying to demolish the RCC building and shops of the petitioner bearing door Nos.24/1517-2, 24/1518-1, situate in Nellore town for the purpose of road widening, without following due process of law, as illegal and arbitrary. 2. In view of the ratio laid down in Pilli Lakshmana Rao v. Executive Officer, Gram Panchayat[1] and M/s. Ushodaya Publications v. The Commissioner, Municipal Corporation of Hyderbad[2], the respondents can either take possession or demolish the property for widening of the road, only after following the procedure prescribed by Section 147 of the Hyderabad Municipal Corporation Act, 1955 i.e., by acquiring the land as per the provisions of the Land Acquisition Act, 1894. 3. Therefore, the writ petition is disposed of, with a direction to the respondents to take recourse to the provisions of the Hyderabad Municipal Corporation Act, 1955, before taking possession or demolishing the structures belonging to the petitioner. No costs. ________________________ NOOTY RAMAMOHAN RAO, J Date: 03.11.2010 Isn [1] 2000 (5) ALT 246 (D.B.) [2] AIR 2001 AP 345 (F.B.)