HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.23854 of 2004 Date : 11.08.2009 Between : Devisetty Venkatasubbaiah. …..Petitioner And The Commissioner, Nellore Municipal Corporation, Nellore. …..Respondent HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.23854 of 2004 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, to declare the action of respondent in taking steps for demolition of shops in the premises bearing Door No.15/183 (old number 305/A) for the purpose of road widening in R.R.Street and Subedaripet of Nellore town, as illegal and arbitrary. 2. In the affidavit filed in support of the writ petition, it is stated that petitioner is the owner and possessor of shops in the premises bearing Door No.15/183, situated in R.R.street of Nellore, and that on 1st of December 2004, the Municipal Surveyor and other staff visited the said premises and made markings on the shops of the petitioner for removal of the same for the purpose of road widening. It is the grievance of the petitioner that as the respondent-Municipal Corporation has not notified the said structures under the provisions of the Land Acquisition Act, 1894, they have no authority to demolish the same. 3. In the counter affidavit filed by the Commissioner, Nellore Municipal Corporation, it is categorically stated that though initially the Corporation has decided to widen the Municipal road in R.R.Street and Subedaripet road in Nellore town, but the same is not done due to various reasons. It is further stated that if the land of the petitioner is required for the purpose of road widening, respondents will follow due process of law, after issuing notice to the petitioner. 4. In view of the submission made in the counter affidavit, this writ petition is disposed of, directing the respondents not to remove or dismantle the constructions made by the petitioner, without following due process of law. It is made clear that if the land or structures belonging to the petitioner are required for any public purpose, this order will not preclude the respondents either to negotiate with the petitioner to part with the land, or to take steps for acquisition of such property, in accordance with the provisions of the Land Acquisition Act, 1894. 5. Subject to above observations, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 11th August 2009 ajr