IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 27002 of 2007 Between: Dasari Rangamunnar S/o.Chinnaswamy Presently residing at D.No.31-5-28, Mochiveedhi, Rajahmundry ..... PETITIONER AND Vizianagaram Municipality, rep.by its Commissioner Vizianagaram .....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 to issue a writ of mandamus or any other appropriate writ order or direction declaring the proposed action of the respondents in trying to demolish the petitioners building bearing D.No.Door No.8- 1-67, ward No.8 in TS.No.764/2 Assessment No.5038 of Santhapeta, Vizianagaram Town without following the due process of law as illegal, arbitrary, and violative of principles of natural justice and for a consequential order directing the respondents to drop all further proceedings in this regard and pass Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 27002 of 2007 ORDER: In this writ petition, petitioner seeks direction by way of mandamus to declare the action of the respondent-Municipality in taking steps for demolition of the structures covered by building bearing door No.8-1-67, Ward No.8 in T.S.No.764/2, Assessment No.5038, situated at Santhapeta, Vizianagar Town as illegal and arbitrary. It is the grievance of the petitioner that adjoining to his house there is an existing road and to widen the said road, the subordinates of the respondent-Municipality came to the site on 12.12.2007 and made markings for the proposed widening of the road. It is his apprehension that the officials of the respondent are taking steps for demolition of his building in the absence of any consent from him and even without notifying the structures and the building under the provisions of the Land Acquisition Act, 1894. It is also stated that the existing road width is sufficient enough for free flow of traffic. The Commissioner of respondent-Municipality has filed counter affidavit denying various allegations made by the petitioner. He has disputed the allegation of the petitioner that subordinates of respondent-Municipality came to the site on 12.12.2007 and made markings. However, it is stated that the 30 feet wide existing road is not sufficient for free flow of vehicular traffic and also for pedestrians’ movement. At any rate, it is stated in the counter that no steps have been taken to widen the road and in case, the Municipality will take up the road widening programme as and when necessary, due process of law would be followed and they will follow the due procedure for taking steps for acquisition of the property. In view of the averments made in the counter affidavit, it is clear that no steps have been taken either for removal of structures or taking possession of the land of the petitioner bearing door No.8-1-67, Ward No.8 in T.S.No.764/2, Assessment No.5038, situated at Santhapeta, Vizianagaram Town. It appears that on mere apprehension on the survey being carried on, the petitioner approached this Court. In any event, as it is stated in the counter affidavit that the respondent- Municipality will not take up the road widening scheme and will take up whenever is necessary, by duly following the due process of law, I dispose of the writ petition directing the respondent-Municipality not to deprive the structures of the building or any part thereof as otherwise than due process of law. However, it is made clear that any portion of the land of the petitioner is required for any public purpose, this order will not preclude the respondent either to obtain consent from the petitioner or to notify the structures under the provisions of the Land Acquisition Act, 1894. No order as to costs. ------------------------------ R. SUBHASH REDDY. J APRIL 30, 2009 Tsr/Gk