IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28077 of 2008 Between: 1 S.Raghuram Mohan, S/o. late Yadagiri, R/o. Shambunipet, Warangal, 2 S.Mahesh, S/o. Late Satyanarayana, R/o. Shambunipet, Warangal, 3 Smt. Rabbani Begum, W/o. M.A. Rasheed, R/o. Shambunipet, Warangal, ..... PETITIONER(S) AND 1 Municipal Corporation Warangal, Rep by its Commissioner, at Warangal. 2 The Kakatiya Urban Development Authority, Rep by its Vice Chariman (KUDA), Warangal. .....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 issue writ or direction preferably writ of mandamus declaring the action of the respondents and their subordinates in taking steps to demolish the structures/houses of the petitioenrs bearing Nos.19-6-268' 19-9-581; 19-10-279, 280, 281, 282, and 283 situated at Shambunipet, Warangal, without issuing any notice as illegal, arbitrary, and violative of Principles of natural justice and consequently direct the respondents and their staff not to interfere with the possession and enjoyment of the petitioners in respect of their houses in any manner and pass Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondent No.: MR.V.DURGA NAGESWARA RAO The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 28077 of 2008 ORDER: 1 According to the petitioners they are the absolute owners of the houses bearing D.Nos.19-6-268, 19-9-581, 19-10-279, 280, 281, 282 and 283 situated at Shambunipet, Warangal. When the respondent authorities are trying to demolish part of their structures, without putting the petitioners on notice, under the guise that they are required for the purpose of road widening, they approached this Court and filed the present Writ Petition. 2 Heard the learned counsel for the petitioners and the learned standing counsel for the first respondent Municipal Corporation. 3 Since the material documents filed along with the Writ Petition show that the petitioners have constructed the houses in accordance with the approved plan, action of the respondents trying to demolish the said houses high handedly cannot be permitted inasmuch as the property of the petitioners cannot be taken away for road widening unless it is acquired under relevant provisions of law, and compensation is paid to them. If the respondents want to widen the road, they have to acquire the property belonging to the petitioners as per the provisions of the Land Acquisition Act and then only proceed with the work. 4 Therefore, the Writ Petition is disposed of at the stage of admission directing the respondent authorities not to interfere with the peaceful possession and enjoyment of the petitioners over the houses / structures bearing H.Nos.19-6-268, 19-9-581, 19-10-279, 280, 281, 282 and 283 situated at Shambunipet, Warangal, without following due process under law. No order as to costs. --------------------- 23.12.2008 Kvsn