IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 21596 of 2003 Between: M.P.V.Prasad, son of Shankar Rao r/o. 5-5-100, Lakshkar Bazar, Hanumakonda Warangal Dist. ..... PETITIONER AND 1 The Govt. of A.P., rep.by its Prl. Secty. Dept. of Municipal Admn.& Urban Development, Secretariat Buildings, Hyderabad 2 The Commissioner, Warangal Municipal Corporation of Warangal Dist. .....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 a writ order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondents authorities is as illegal, unjust, and extra, constitutional and direct the respondent No.2 not to demolish the petitioner's house bearing No.5-5- 100, at Lashkar Bazar Hanamkonda, Warangal city and direct the respondents to pay compensation at prevailing market rate to make alternate house construction to the petitioner. Counsel for the Petitioner:MR.JOGRAM TEJAVAT Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER : In this Writ Petition the petitioner seeks writ of Mandamus declaring the action of the respondents in taking steps for demolition of his house bearing No.5-5-100, situated at Lashkar Bazar, Hanamkonda, as illegal and arbitrary. It is a case of the petitioner that he is the owner and possessor of the house bearing No.5-5-100, situated at Lashkar Bazar, Hanamkonda, and the second respondent, without initiating any proceedings for acquisition of the property for any public purpose, has made markings on his house for demolition of the same. It is his grievance that as much as he has not given any consent and no steps have been taken to acquire the said property by paying compensation, respondents have no authority to demolish the said property. Counter-affidavit is filed by the second respondent/ Commissioner, Warangal Municipal Corporation. In the counter-affidavit, while admitting that he has given markings to the effected portions for road widening, it is stated that the Road Development Plan will be implemented as per the statutory provisions and by following the due process of law. As it is stated in the counter-affidavit that the respondent will follow the relevant provisions whenever Road Development Plan would be taken up for the purpose of widening the road, this Writ Petition is disposed of with direction to the respondents not to demolish the house property of the petitioner bearing No.5-5-100, situated at Lashkar Bazar, Hanamkonda, in the absence of any consent from the petitioner. It is also made clear that if the property of the petitioner is required for any public purpose, this order will not preclude the respondents to take steps in accordance with law for acquisition of the property. Subject to above directions, the Writ Petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J. 21st July, 2009. skmr