IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12448 of 2007 Between: 1 Ch.Subbamma, w/o late Narasaiah, r/o H.No.7-219, Prakasam Road, Kanigiri, Prakasam District. 2 Pasupuleti Govindamma, w/o Pullaiah, r/o H.No.7-223, Prakasam Road, Kanigiri, Prakasam District. 3 Ch.Venkata Srinivasulu, s/o Gurubrahmam, r/o H.No.9-255 & 256, MSR Road, Kanigiri, Prakasam District. 4 Atchutha Omkara Gupta, s/o Guruswamy Chetty, r/o H.No.9-254, Prakasam Road, Kanigiri, Prakasam District. 5 Syed Safeeuddin, s/o Khasim Peera, H.No.7-225A, Prakasam Road, Kanigiri, Prakasam District. 6 Devaki Srinivasulu, s/o late Bala Krishna Murthy, 9-181, Prakasam Road, Kanigiri, Prakasam District. ..... PETITIONERS AND 1 The Executive Engineer, Roads and Buildings, Kanigiri, Prakasam District. 2 The Deputy Executive Engineer, Roads and Buildings, Kanigiri, Prakasam District. 3 The Gram Panchayat, represented by its Secretary, Kanigiri Gram Panchayat, Kanigiri, Prakasam District. ...RESPONDENTS 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 an appropriate writ, order or direction, more particularly a writ in the nature of mandamus, declaring the action of the respondents in trying to demolish the permanent abodes situate on Prakasam Road and MSR Road of Kanigiri Town bearing D.Nos.7- 219, 7-223, 9-255, 9-256, 9-254 and 8-192/2, 9-253A and 9-181 without issuing any notice or opportunity, without following the due process of law as being illegal, arbitrary and unjust and consequently direct the respondents not to dispossess the petitioners from their houses, or demolish the same without following the due process of law, and pass such other and further order or orders as are deemed fit and proper. Counsel for the Petitioners: MRS.A.VARALAKSHMI Counsel for the Respondent Nos.1&2: GP for Roads & Buildings Counsel for Respondent No.3 : Sri M.Prabhakar Rao. The Court made the following : ORDER: This writ petition is filed by the petitioners challenging the action of the respondents in trying to demolish the abodes situate on prakasam road and MSR road of Kanigiri town bearing D.Nos.7-219, 7- 223, 9-255, 9-256, 9-254 and 8-192/2, 9-253A and 9-181 for the purpose of expansion of the existing road without any notice and following the due process of law. Heard the learned counsel for the petitioners, learned Government Pleader for Roads and Buildings and the learned standing counsel for the 3rd respondent – Gram Panchayat. This Court on 14.6.2007 while issuing notice before admission, granted an interim direction to the effect that the respondents shall not demolish the buildings belonging to the petitioners without issuing notices and following the procedure prescribed by law. In the connected writ petition being W.P.No.15055 of 2007, a counter affidavit is filed by the 3rd respondent – Gram Panchayat stating that the said road was in the control of the Gram Panchayat earlier and the government sanctioned Rs.40,00,000/- for the purpose of widening of the road in question and the said work was entrusted to respondents 1 and 2 but so far no steps were taken for widening the road and that respondents 1 and 2 will follow the due procedure of law for the purpose of road widening. In view of the above counter averments, if the respondents intend to take the lands of the writ petitioner they must follow the due process of law and till such time, status quo obtaining as on date shall be maintained. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J Dt.22.7.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Executive Engineer, Roads & Buildings, Kanigiri Prakasam District 2 The Deputy Executive Engineer, Roads & Buildings Kanigiri, Prakasam District 3 The Gram Panchayat, rep.by its Secretary,Kanigiri Gram Panchayat, Kanigiri,Prakasam District 4 2CCs to Govt.Pleader for R&B, High Court of A.P. Hyd. 5 2CD copies