IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 8183 of 2005 Between: 1 A. syamalamma W/o Chenchaiah R/o Door No. 24/1/1654, Dargamitta, Nellore 2 C. Nagaraju, S/o Munuswamy R/o Brahmanandapuram Dargamitta, Nellore 3 Kota Ramesh S/o Sivaramaiah R/o Santhapet, Nellore 4 P. Sirisha W/o Adinarayana R/o China Bazar, Nellore .... PETITIONERS AND 1 The Special Officer, Nellore Municipal Corporation, Nellore 2 The Commissioner, Nellore Municipal Corporation, Nellore ...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 order, direction Writ more particularly one in the natrure of Writ of mandamus declaring the action of the respondnets in seeking to demolish the portions of the buildings of the petitioenrs house bearing No. 24/1/1654 of the First petitioner, house and shop in Plot No. 87 Ward No. 34 of the Second Petitioner, shop of third petitioenr in Plot No.2, Ward No. 24, and shop of the foruth petitioner in WArd No. 24/1, situated at Brahmanandapuram,Dargamitta, Nellore as illegal, arbitrary and unjust and in violation of the provisions of land Acquisition Act, Hyderabad Municipal Corporation Act, Articles 14 21 and 300-A of Constitution of India and consequently direct the respondnets not to take steps to demolish portions of the properties mentioned above belonging to the petitioner otherwise than by following rule of law andpass such other orders orfurther relies as this Hon'ble Court deems fit and proper in the interest of justice Counsel for the Petitioner:MR.M.VENKATA NARAYANA Counsel for the Respondents: MR.A.Sridhar The Court made the following : ORDER: The petitioners seek to issue a writ of mandamus declaring the action of the respondents in seeking to demolish their portions of the buildings in respect of their houses, situated at Brahmanandapuram, Dargamitta, Nellore, as illegal and arbitrary and consequently to direct the respondents not to take steps to demolish their portions of houses. This Court by order-dated 12.04.2005 directed the respondents not to demolish the houses in question without following due process of law. The learned counsel appearing for the respondents submits that for the purpose of road widening the portions of the houses of the petitioners are sought to be demolished. No doubt widening of the road is for the public purpose and if the land or the house is required for the purpose of road widening, unless the compensation is paid for the structures as well as the land either by way of private negotiations or by way of acquisition of land under Land Acquisition proceedings, the petitioners may not be deprived with their right of properties. Having regard to the facts of the case, the writ petition is disposed of directing the respondents not to demolish the houses of the petitioners without following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:13.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}