K. Eshwarmma, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.16317 of 2015 Dated : 10.06.2015 Between:

K. Eshwaramma W/o.K. Ramana Reddy, Aged 55 yrs, Occu : Household, R/o.10-2-64/1, O.V.Road, Kandukur, Prakasham District.

.. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Municipal Administration Department, Andhra Pradesh Secretariat, Hyderabad & another .. Respondents

This Court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.16317 of 2015 ORDER :

Apprehending that the respondent-Municipality is taking steps to take possession and demolish the building of the petitioner for the purpose of widening of the road and that there was threat administered by the officers of the respondentMunicipality, directing the petitioner to vacate the premises and that the premises would be demolished, this Writ Petition is instituted.

2. No material is brought on record to show that such steps were taken by the Municipality without following the due process of law and there is a real danger but not an apprehension.

3. Learned Standing Counsel, on instructions, submits that no such steps, were taken by the Municipality and Municipality is only laying blacktop on the existing road and there is no inclination to acquire or take possession and demolish the property of the petitioner.

4. Having regard to the above, the Writ Petition is misconceived and is premature. It is accordingly dismissed. However, it is made clear that as and when the Municipality requires the property of the petitioner, due process should be followed before acquiring the property of the petitioner. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed.

__________________ P.NAVEEN RAO,J 10th June, 2015 Rds