IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3108 of 2009 Between: Dogiparthy Usha Sundari, S/o.Sri Narasimha Rao R/o.Tadepalligudem, West Godavari District. ..... PETITIONER AND The Tadepalligudem Municipality, rep by its Commissioner, Tadepalligudem, West Godavari 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 to issue a writ direction or order especially one in the nature of writ of Mandamus declaring the action of the Respondent in putting the marks on the wall and taking steps to demolish premises bearing D.No. 12-21-5/1, 22nd ward, Tadepalligudem Town, West Godavari District , without following the procedure laid down in Municipality Act or anya other Act is arbitrary and violative of principles of natural justice and also violative of provisons of Municipality Act and pass Counsel for the Petitioner:MR.S.SUBBA REDDY Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : O R D E R:- The petitioner claims to be the owner of the property bearing D.No.12-21-5/1 in an extent of 40 sq. yards situated in 22nd Ward, Tadepalligudem Town, West Godavari District having acquired the same under a Will dated 14.6.1965 executed by her mother in her favour and it is her grievance that the respondent, without issuing any notice and without following due process of law, is seeking to demolish her three shops. The learned Standing Counsel for the respondent, on instructions, submits that the respondent would follow due process of law before any action to demolish the house is to be taken. The said submission of the learned Standing Counsel for the respondent is placed on record, and the writ petition is disposed of directing the respondent that if they intend to demolish the shops of the petitioner, they shall do so only by following the due process of law. Accordingly, the writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 17th February, 2009 Note: Issue wire at party’s costs B/o KSR/BCJ