IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 4243 of 2003 Between: Pulaparthi Adinarayana, S/o. China Apparao, R/o. Palakol, W.G.District. ..... PETITIONER AND 1 The Revenue Divisional Officer, Narasapur, W.G.District. 2 The Mandal Revenue Officer, Palakol, W.G.District. 3 The Palakol Municipality, Rep. by its Commissioner, Palakol, W.G.District. .....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 of Mandamus or any other appropriate Writ, order or direction declaring the proposed action of demolition of the building bearing D.No.: 32-8-1 situated at 25th Ward, Devunithota Road, Palakol, W.G. District without following due process of law under the guise of widening of the road as illegal, arbitrary and violative of Article 300-A of the Constitution of India. Counsel for the Petitioner: MR.K.CHIDAMBARAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: In this Writ Petition the petitioner seeks writ of Mandamus declaring the proposed action of demolition of the building bearing D.No.32-8-1, situated at 25th Ward, Devunithota road, Palakol, West Godavari District, without following due process of law under the guise of widening of the road, as illegal, arbitrary and in violation of the Article 300-A of the Constitution of India. It is a case of the petitioner that he is the owner and possessor of house bearing No.32-8-1 in an extent of 152.94 square meters, situate in Ward No.25 of Palakol, West Godavari District. It is stated that the said property is purchased by registered sale deed, dated 15-09-1986, vide document No.3067 registered in the office of the Sub-Registrar, Palakol. The grievance of the petitioner is that though the said house is a private property, steps are being taken for demolishing the structures for the purpose of road widening, in the absence of consent from the petitioner and without taking steps under the provisions of the Land Acquisition Act. At the time of admission, this Court by order, dated 11-03-2003, issued directions to the respondents not to demolish the building bearing Dr.No.32-8-1, situate in Ward No.25, Devunithota Road, Palakol, West Godavari District, without following due process of law. The learned standing counsel appearing for the respondents submitted that the Writ Petition may be disposed of in the light of the directions issued by this Court on 11-03-2003. As it is the case of the petitioner that property in question is a private property, if the said property is required in any public purpose, including widening of the road, the possession of which can be taken either from consent by the petitioner or by initiating land acquisition proceedings. In the absence of the counter-affidavit and in view of the interim order passed by this Court, which is in force from the date of its passing i.e., 11th March, 2003, I dispose of the Writ Petition directing the respondents not to demolish any structures of the house property of the petitioner without following due process of law. It is made clear that if the property owned by the petitioner is required for the road widening, this order will not preclude the respondents to obtain consent from the petitioner or to initiate proceedings under the Land Acquisition Act for acquisition of the property to the extent it is required for the public purpose. Subject to above directions, the Writ Petition is disposed of. No order as to costs. ___________________ R.SUBHASH REDDY, J. 30th June, 2009. skmr