IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3943 of 2009 Between: 1 Perumalla @ Madyala Komala, W/o.Mahesh, R/o.H.No.19-9-573, Shambunipet, Warangal. 2 Dr.Chidarapu Sarangapani, S/o. Late.Kommaiah, R/o.H.No.19-9-572, Shambunipet, Warangal. ..... PETITIONER(S) AND 1 The Municipal Corporation of Warangal, Rep by its Commissioner, At Warangal. 2 The Vice Chair man, Kakatiya Urban Development Authority (KUDA) Warangal. .....RESPONDENT(S) 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 Writ or Direction preferably a WRIT OF MANDAMUS declaring the action of the respondents and their staff in taking steps to demolish part of the Houses of the petitioners bearing Municipal No's 19- 9-573 and 19-9-572, situated at Shambunipet, Warangal without issung any notice and without initiating any proceedings, as illegal, arbitrary and violative of principals of natural justice and consequently direct the respondents and their subordinates not to demolish any structures of the petitioners and pass Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondent No.: MR.V.DURGA NAGESWARA RAO The Court made the following : HON’BLE SRI JUSTICE N.V.RAMANA W.P. No. 3943 of 2009 O r d e r: According to the petitioners, they are the absolute owners of the houses bearing D.Nos.19-9-573 and 19-9-572 situated at Shambunipet, Warangal. When the respondents-authorities are trying to demolish part of their structures, without putting the petitioners on notice, under the guise that they are required for the purpose of road widening, they filed the present Writ Petition. Heard the learned counsel for the petitioners and the learned Standing Counsel for the first respondent-Municipal Corporation. Since the material documents filed along with the writ petition show that the petitioners have constructed the houses in accordance with the approved plan, the action of the respondents in trying to demolish the houses high-handedly cannot be permitted inasmuch as the property of the petitioners cannot be taken away for road widening unless it is acquired under relevant provisions of law, and after compensation is paid to them. If the respondents want to widen the road, they have to acquire the property belonging to the petitioners as per the provisions of the Land Acquisition Act and then only proceed with the work. Therefore, the writ petition is disposed of at the stage of admission directing the respondents-authorities not to interfere with the peaceful possession and enjoyment of the petitioners over the houses/structures bearing D.Nos.19-9-573 and 19-9-572 situated at Shambunipet, Warangal. _______________ N.V.RAMANA,J Dated: 27th February, 2009 Note: Furnish copy by tomorrow B/o KSR