IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13682 of 2009 Between: 1 Yalamarthi Narayana Rao Chowdary S/o. Y. Satyanarayana R/o. Tanuku Town, West Godavari District. 2 Yalamarthi Rajeswari Devi W/o. Yalamarthi Narayana Rao Chowdary, R/o. Tanuku Town, West Godavari District. 3 D. Lakshmi W/o. D. Suresh Babu R/o.Road No.11, Film Nagar, Hyderabad. .... PETITIONERS AND The Tanuku Municipality, rep. by its Commissioner, Tanuku Town, West Godavari District. ....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue order or direction in the nature of Mandamus to declare the action of the respondent in widening the existing 35 Feet Tanuku-Velpur Road into 50 Feet by encroaching into the petitioners property admeasuring 2876 Sq. Yrds, situated in Sy.Nos.63/1 and 63/10 of Tanuku Village and Mandal, West Godavari District and buildings therein popularly known as "Narendra Chithra Mandir and Rajkamal Shopping Complex and Property admeasuring 253 1/3 sq. Yrds, with D.No.32-105/1, Assessment No.2507 and buildings therein popularly known as ANR Shopping Complex without initiating the Land Acquisition proceedings as illegal, arbitrary and unconstitutional, violative of Article 300-A of the Constitution of India and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.M.V.DURGA PRASAD Counsel for the Respondent: MR.S.NAGESWARA REDDY The Court made the following: THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13682 of 2009 ORDER: This writ petition is filed with the prayer as under: “For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue order or direction in the nature of mandamus to declare the action of the respondent in widening the existing 35 feet Tanuku-Velpur road into 50 feet by encroaching into the petitioners property admeasuring 2876 Sq. yards, situated in Sy.Nos.63/1 and 63/10 of Tanuku village and Mandal, West Godavari District and buildings therein popularly known as “Narendra Chithra Mandir and Rajkamal Shopping Complex and Property” admeasuring 253 1/3 Sq. yards, with Door No.32- 105/1, Assesment No.2507 and buildings therein popularly known as ANR Shopping Complex, without initiating the Land Acquisition proceedings as illegal, arbitrary and unconstitutional, violative of Article 300-A of the Constitution of India and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case”. I have heard the learned counsel for the petitioners as well as Sri S.Nageswara Reddy, learned Standing Counsel appearing for the respondent-Municipality. At the outset, the learned counsel for the petitioners submitted that some of the owners of the adjacent property had already approached this Court in Writ Petition No.1127 of 2009 aggrieved by the impugned action of the respondent and this Court, by order dated 28.01.2009 disposed of the said writ petition with a direction to the respondent to issue notices to the petitioners and follow due process under law before they acquire any portion of their lands or shops for the purpose of widening the road. Sri S.Nageswara Reddy, who accepted notice for the respondent-Municipality has not disputed the fact that the petitioners herein are also similarly situated. In the circumstances, following the order dated 28.01.2009 in W.P.No.1127 of 2009, this writ petition is disposed of with a direction to the respondent-Tanuku Municipality to issue notices to the petitioners and follow due process of law before acquiring any portion of the lands or shops belonging to the petitioners for the purpose of widening of the road. The writ petition is accordingly disposed of. No costs. _____________ G.ROHINI, J Dt.09-07-2009 Note: - Issue C.C in 2 days (B/o) RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13682 of 2009 DATED : 09-07-2009