IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.24699 of 2003 Between : 1 Ghousia Begum, W/o Mohd.Abdul Samad, R/o H.No.5-2-261, Idgah Laskhar Bazar Road, Hanumakonda, Warangal District. 2 Mohd.Abdul Aleem, S/o M.A.Samad, R/o H.no.5-3-154, Idgah Laskhar Bazar, Hanumankonda, Warangal District. 3 Akhter Sayeed, s/o Mohd.Yousuf, R/o H.No.5-5-106, Idgah Laskhar Bazar, Hanumakonda, Warangal District. 4 Mohd.Bin Ahmmad, s/o Ahmmad Bin Sayeed, R/o 5-5-72, Laskhar Bazar, Hanumakonda, Warangal District. ..... PETITIONERS AND Administrator, Kakatiya Urban Development Authority, Hanumakonda, Warangal 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 a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent's subordinates dated 22-11-2003 orally directing the petitioners to handover their premises Nos.5-2-261, 5-3-154, 5-5-106 and 5-5-72, situated at Idgah Laskhar Bazar Road, Hanumakonda, Warangal District by 1-12-2003 and also threatening the petitioners to demolish the same by 2-12-2003, as illegal, void, violation of the judgement rendered in WP No.3052 of 2003 dated 19-2-2003 and consequently direct the respondents not to demolish the same without following the due process of law. Counsel for the Petitioners : MR.MOHD.ZIA-UL-HAQ Counsel for the Respondent : MR.G.VISHWESHWAR REDDY The Court made the following : ORDER : In this writ petition, the petitioners, 4 in number, seek declaration by way of Mandamus, to declare the action of respondent in taking steps for deprivation of their house property covered by House Nos.5-2-261, 5-3-154, 5-5-106 and 5-5-72, situated at Idgah Laskhar Bazar Road, Hanumakonda, Warangal District, as illegal and arbitrary. 2. In the affidavit filed in support of the writ petition, it is stated that the petitioners own and possess house properties situated at Idgah Laskhar Bazar Road, Hanumakonda, Warangal District. It is their case that the said road is proposed to be widened, and in the process, the structures and land of the petitioners are being affected to the extent of 15 feet. It is categorically stated in the affidavit that the officials of the respondent-authority have come to them and asked them to vacate the premises by 01.12.2003 with a threat of demolition in case if they do not vacate their premises as directed. 3. In this writ petition, the grievance of the petitioners is that as much as the said properties are not notified for acquisition for any public purpose, they cannot be deprived of their property as otherwise than due process of law. 4. At the stage of admission, this Court, by an order dated 1st of December 2003, issued directions to the respondents not to demolish the structures of the petitioners without following due process of law. The said interim order passed by this Court on 1st of December 2003 in W.P.M.P.No.31110 of 2003 continued all along during the pendency of the writ petition, and counter affidavit is also not filed on behalf of respondents. 5. As much as it is the case of the petitioners that they are the owners and possessors of the property in question, if the same is required for any public purpose, it is open to the respondent to take consent of the petitioners for acquisition of said property, or to take possession by initiating proceedings under the Land Acquisition Act, but at the same time, petitioners shall not be deprived of their house property for any public purpose, without following due process of law. In the absence of any counter affidavit controverting the allegations made by the petitioners, and also taking into account the interim order passed by this Court on 1st of December 2003, I deem it appropriate to dispose of the writ petition, directing the respondent not to demolish or deprive of the house property of the petitioners without following due process of law. However, it is made clear that if the property of petitioners is required for road widening, this order does not preclude the respondent either to take their consent for handing over the property or to notify the required structures and land for acquisition under the provisions of the Land Acquisition Act, 1894, and pay compensation. 6. Writ petition is allowed to the extent indicated above. No order as to costs. _____________________ R.SUBHASH REDDY, J 21st July 2009 ajr