IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 8842 of 2001 Between: 1 K.Gurunadham S/o Venkata Seshaiah D.No.17-306, Trunk Road, Nellore Dist. 2 K.Sivaswamy S/o Venkata Seshaiah D.No.17-306/A, Trunk Road, Nellore Dist. 3 Asha Chandana W/o Arein Chandana D.No.17-306, Trunk Road, Nellore Dist. 4 Arien Chandana S/o Tangaram Chandan D.No.17-308, Trunk Road, Nellore Dist. 5 B.K.Hemalatha W/o B.Johan Reddy D.No.17-310,17-310/B, 17-311 & 17-312, Trunk Road, Nellore Dist. ..... PETITIONER(S) AND 1 Nellore Municipality, Rep by its Commisisone, Nellore. 2 The Dist Collector, Nellore Dist. 3 The Joint Collector, Nellore Dist. 4 The Revenue Divisional Officer, Nellore Dist. 5 The Mandal Revenue Officer, Nellore Dist. 6 The Superintendent of Police, Nellore Dist. .....RESPONDENT(S) 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 awrit of mandamus the action of the respondents in seekingto demolish the houses construtedby usD.nos 17-306/A, 17-306, 17-307, 17-308, 17/311A, 17/310B, 17/312B, 17/310A & 17/288-3 (17/310 old) siutated at trunk road, Nellore without issuing any notice or withput intiating any procd either under L.A. A., or under Land Encroachment Act, as illegal arbitrary, unjust and contrary to the prl.of natural justice, by issuing appropriate wit, order or direction Counsel for the Petitioners:MR.M.V.S.SURESH KUMAR Counsel for the Respondent No.1: Mr.A.Sreedhar Counsel for the Respondent No.2 to 5: GP FOR REVENUE Counsel for the Respondent No.6: GP FOR HOME The Court made the following : ORDER: The petitioners seek to issue a writ of mandamus to declare the action of the respondents in seeking to demolish the houses constructed by them bearing D.Nos.17-306, 17-306/A, 17/307, 17-308, 17-310, 17- 311A, 17-310B, 7-311B, 17-312B, 17/310A and 17/288-3 (17-310 old) situated at Trunk Road, Nellore, without issuing any notice or without initiating any procedure either under the Land Acquisition Act or under the A.P. Land Encroachment Act, as illegal and arbitrary. It is the case of the petitioners that they are the owners of the houses bearing D.Nos.17-306, 17-306/A, 17/307, 17-308, 17-310, 17-311A, 17- 310B, 7-311B, 17-312B, 17/310A and 17/288-3 (17-310 old) situated at Trunk Road, Nellore and they have constructed the said houses after obtaining necessary permissions from the first respondent/municipality. While so, the respondents without issuing any notice and without acquiring any portion of the land, demanded the petitioners to produce the registered sale deeds, approved plan and taxes paid by them etc. and threatened them to demolish the said houses. It is stated that the petitioners have made a representation dated 25.04.2001 stating that if any portion of the land is required for widening of the road, it is always open to the respondents to acquire the same by paying compensation, but without following due process of law, their houses cannot be demolished. This Court while admitting the writ petition on 27.04.2001 directed the respondents not to demolish the houses of the petitioners. If the petitioners have constructed any houses unauthorisedly in violation of the permission, it is always open to the respondents to issue a notice for taking appropriate action. If any land or plot is required for the purpose of road widening, unless the property is acquired either by way of private negotiations or by initiating land acquisition proceedings, the respondents cannot demolish or dispossess the petitioners from their houses. Having regard to the facts of the case, the writ petition is disposed of directing the respondents not to dispossess the petitioners from their land or demolish any structures thereon, without following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:03.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VEENA}