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 : 23778 of 2003 Between: C.R. Ramesh, C.S. Rajaiah, R/o H.No. 3-50-10, Aluvelumma Colony, Tirumalagiri Village, Secunderabad. ..... PETITIONER AND 1 The Alwal Municipality, Rep. by his Commissioner, Alwal, Ranga Reddy District. 2 The District Collector, Ranga Reddy District, Khairtabad, Hyderabad. 3 The Govt. of Andhra Pradesh, Rep. by Secretary, Municipal Administration, Secretariat Building, Hyderabad. .....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 or Direction more particularly one in the nature of Writ of 'Mandamus' declaring the action of respondents in demolishing the portion of H.No.16-39 & 40 situated at Sai Nagar Colony, Malakajgiri Mandal, Alwal Municipality , R.R. District, as illegal, arbitrary and violates the principles of natural justice and consequently direct the respondents to pay compensation for the land and building as per the provisions of land Acquisition Act. Counsel for the Petitioner: MR.N.ASHOK KUMAR Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : ORDER : In this Writ Petition the petitioner seeks a Writ of Mandamus declaring the action of the respondents in taking steps for demolition of the portion of his house bearing No.16-39 & 40, situated at Sai Nagar Colony, Malkajgiri Mandal, Alwal Municipality, Ranga Reddy District, as illegal and arbitrary. In the affidavit filed in support of the Writ Petition, it is stated that the petitioner has purchased the aforesaid property from its earlier owner and possessor Smt.Chanda Bai, vide registered sale deed bearing No.2223, dated 07- 08-1995 and he is in possession of the same. It is further stated that the property is covered by P.Nos.81,82 and 83 of the Sai Nagar Colony. In this Writ Petition it is a grievance of the petitioner that the respondent municipality has undertaken a road widening scheme in front of the house of the petitioner leading from Venkatapur to Lothukunta and for the purpose of road widening, the respondents are bent upon to demolish the structures to the extent of 15 feet on either side of the road, without following the due process of law. It is stated that respondents have made markings on the walls for demolition of the required portions, but no steps have been taken to acquire the property under the provisions of the Land Acquisition Act. Precisely, it is the case of the petitioner that in the absence of any consent from the petitioner and without initiating the proceedings under the Land Acquisition Act, respondents are taking steps for demolition, which is illegal and arbitrary. At the stage of admission, by order, dated 11-11- 2003, this Court granted interim directions not to demolish the structures owned by the petitioner. Though the said order continued all along during the pendency of the Writ Petition before this Court and though this Writ Petition is of the year 2003, no counter-affidavit is filed by the respondents opposing the Petition. In the absence of any counter-affidavit and as it is stated that the petitioner has purchased the said property by a registered sale deed dated 07-08-1995 and further the interim order passed by this Court has been in force all along from 2003, I deem it appropriate to dispose of the Writ Petition with directions to respondents not to demolish any portion of the house property of the petitioner bearing No.16-39 & 40, situated at Sai Nagar Colony, Malkajgiri Mandal, Alwal Municipality, Ranga Reddy District, as otherwise than due process of law. It is made clear that if the said house or part of it is required for the purpose of road widening, this order will not preclude the respondents to notify the land and structures to the extent required under the Land Acquisition Act, 1894 and take steps accordingly. Subject to above directions, the Writ Petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J. 21st July, 2009. skmr