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 : 11545 of 2005 Between: M.V.Suryanrayna Raju S/o. Late Suryanarayana Raju R/o. Tuni E.G.District. ..... PETITIONER AND The Commissioiner Tuni Municipality Tuni E.G.District .....RESPONDENT 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 a writ, order or direction more particularly one in the nature of writ of mandamus under Article 226 of constitution of india declaring the impugned order passed by the respondent vide proceedings No.R.O.C.No.6501/2004-G1, dt.14-5-05 as arbitrary, illegal and violative of article 14,19,21 and Art.300A of the constitution of india and against the principles of natural justice and declare the same as unconstitutional and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case and in the interest of justice. Counsel for the Petitioner:MR.K.RAGHAVA CHARYULU Counsel for the Respondent : MR.S.NAGESWARA REDDY The Court made the following : ORDER: This writ petition relates to demolition of the structures of the petitioner’s premises without following due process of law. It is stated that for the purpose of road widening, the impugned notice has been issued calling upon the petitioner to explain as to why the portion of the building shall not be demolished. This Court while admitting the writ petition directed the respondent not to demolish the structures in question without following due process of law. If any structure is required for the public purpose, it is always open for the respondent to acquire the said land either by way of private negotiations or by initiating land acquisition proceedings and if the petitioner encroached any road margin or the government land, appropriate action can be taken for acquisition of the said land under the Land Acquisition Act. However, without following due process of law, there cannot be any demolition of the petitioner’s building. Accordingly, the writ petition is disposed of directing the respondent not to demolish any portion of the building of the petitioner 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{CHP}