IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 21339 of 2003 Between: 1 SK. Mahaboob Basha, S/o. SK Khajavali, R/o. 28/1/2728/1, Mypad Road, Nellore District. 2 Muthyala Ramana Reddy, S/o. Venkat Reddy, R/o. 28/1/27/3, Mypad Road, Nellore District. 3 Yarramreddy Subba Reddy, S/o. Narasa Reddy, R/o. 28/1/2728/4, Mypad Road, Nellore District. 4 SK.Bukari, S/o. Abubakar, R/o. 28/1/2728/5, Mypad Road, Nellore District. 5 Rasala Venkata Subbaiah, S/o. Peda Vengaiah, R/o. D.No.28/1/2728/6, Mypad Road, Nellore District. 6 Avuluri Ratnakar Reddy, S/o. Narasa Reddy, R/o. D.No.28/1/2728/7, Mypad Road, Nellore District. 7 Makkena Ramulu Chowdary, S/o. Venkata Subbaiah, R/o. D.No.28/1/2728/8, Mypad Road, Nellore District. 8 Bayyapureddy Ademma, W/o. Ranga Reddy, R/o. D.No.28/1/2728/9, Mypad Road, Nellore District. 9 Karipaka Sudhakar, S/o. Molakaiah, R/o. D.No.28/1/2728/14, Mypad Road, Nellore District. 10 Narasapuram Bhasker, S/o. Venkata Subbaiah, R/o. D.No.28/1/2728/10, Mypad Road, Nellore District. 11 Venatey Narayanaiah, S/o. Ramanaiah, R/o. D.No.28/1/2728/11, Mypad Road, Nellore District. 12 Valluru Mahendra, S/o. Hazarathaiah, R/o. D.No.28/1/2728/12, Mypad Road, Nellore District. 13 R.Sekhar, S/o. R.Audinarayana, R/o. D.No.28/1/2728/13, Mypad Road, Nellore District. 14 SK.Kalesha, S/o. Khajavali, R/o. D.No.28/1/2728/2, Mypad Road, Nellore District. ..... PETITIONER(S) AND 1 The Nellore Municipality, Rep. by its Commissioner, Nellore, Nellore District. 2 Sree Seetharama Anjenaya Swamy Temple, Rep. by its Executive Officer, Mypadu Gate, Nawabpet, Nellore Town. .....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 an order more particularly one in nature of writ of mandamus declaring the action of the respondents in threatening to demolish the houses of the petitioners, situated at Mypadu Road, Nawbpet, Nellore Town, without following the due proces of law as illegal, arbitary and against the provisions of A.P. Municipalities Act and the rules made there under violative Principlesm of Natural Justice anmd also Articles 14 &21 of The Constitution of India and consequently direct the respondents no to demolish the houses of the petitioners and pass such orders Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : Form-NIC-OGS/WP{ANURADHA} HONOURABLE SRI JUSTICE R.SUBHASH REDDY W.P.No.21339 of 2003 ORDER: In this writ petition, the petitioners seek declaration by way of Mandamus to declare the action of the respondents in taking steps for demolition of their houses situated at Mypadu Road, Nawabpet, Nellore town, without following the due process of law, as illegal and arbitrary. 2. It is the case of the petitioners that they are landless poor persons and they are in occupation of piece of land abutting the Mypad road, Nellore town. It is stated that they have constructed the houses on the said land and they are in possession of the same from more than 30 years. It is their grievance that at the instance of the 2nd respondent- temple, the 1st respondent is taking steps for demolition/removal of the structures without following due process of law and the subordinates of the 1st respondent came to the locality on 26-09-2003 and directed them to vacate the houses by pulling down the structures within a period of two days. 3. At the stage of admission, this Court by order dated 01-10-2003, directed both the parties to maintain status quo for a period of four weeks. Thereafter, the said interim order is not extended. Though the writ petition is of the year 2003, no counter affidavit is filed either on behalf of the 1st respondent-Municipality or the 2nd respondent-temple. 4. As it is alleged by the petitioners that they are in possession of the land in question, and the respondents are taking steps for demolition of their houses without following due process of law and in the absence of filing counter-affidavit controverting the allegations of the petitioners, I deem it appropriate to dispose of the writ petition directing the 1st respondent-Municipality, Nellore, not to take any steps for demolition of the houses, if they are not already removed, without following due process of law. It is made clear that if the petitioners have raised unauthorized structures, this order will not preclude the 1st respondent- Municipality to take steps for removal of structures, by issuing notices and by calling due process of law. 5. Subject to the above directions, the writ petition is disposed of. There shall be no order as to costs. ________________ 29th July 2009 kvr