HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.11815 of 2005 Date : 09.12.2009 Between : Veluru Krishnaiah. …..Petitioner And The District Collector, Kadapa & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.11815 of 2005 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents in threatening the petitioner of demolishing his residential houses bearing Door Nos.1/221-13, 1/221-14, 1/221-16B, 1/221- 16C, 1/221-16D and 1/206-5, situated at Madras road of Kadapa town, as illegal and arbitrary. 2. The case of the petitioner is that he is the owner and possessor of the aforementioned houses, and that the said houses were constructed as per the sanctioned plan. It is the grievance of the petitioner that on 30.05.2005, there was an attempt by the 2nd respondent-Commissioner of Kadapa Municipality, to demolish part of the said structures under the influence of some anti-social elements. Hence, he filed the present writ petition, stating that the respondents cannot take any steps for demolition, in the absence of any notice and inquiry. 3. Counter affidavit is filed on behalf of respondent Nos.4 and 6, wherein, it is stated that there is a proposal for widening of roads in Kadapa town, and as a part of the said program, during the months of May and June 2005, a team of surveyors comprising of the Deputy Inspector of Survey, R.D.O’s office, Kadapa, surveyed the Chinna Chowk main road in Kadapa, which is called as Madras road, and found certain encroachments on the road poromboke, as such, they made markings on such encroachments for enabling the encroachers themselves to demolish the same. It is further stated that the petitioner has already disposed of some portions of his houses to one Dr.M.Phani Kumar through registered sale deeds, and as such, he has got no right whatsoever, over the properties sold by him, and in respect of rest of the properties, it is stated that when encroachments were identified, the petitioner has rushed to this Court and obtained interim orders. 4. From a perusal of the counter affidavit, it is clear that so far, no steps have been taken for removal of the petitioner’s structures. When the encroachments were identified for removal, apprehending demolition, petitioner has rushed to this Court and obtained interim orders. As much as it is stated that the encroachments are already identified, it is always open for the respondents to take steps for removal of such encroachments. In that view of the matter, I dispose of the writ petition, directing the respondents to take steps for removal of encroachments in accordance with law. It is needless to observe that the petitioner shall be given proper notice, indicating the encroachments made by him, and only thereafter, such portions shall be removed. 5. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 9th December 2009 ajr