IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 9770 of 2007 Between: 1 K.Pullaiah, s/o K.Veeraiah, r/o D.No.13/25, Thirumalarayanupet, Proddutur, Kadapa District. 2 Shaik Baba Thajuddin, s/o S.K.Ismail, r/o D.No.20/304, Madamidipalle, Proddutur, Kadapa District. 3 Shaik Shabbir Hussain, s/o Shaik Mohammed Hussain, r/o D.No.25/86, Mattimazeed Street, Proddutur, Kadapa District. 4 K.Rajeswari, w/o Pullaiah, r/o D.No.13/25, Thirumalarayunipet, Proddutur, Kadapa District. ..... PETITIONERS AND 1 The District Collector, Kadapa District at Kadapa. 2 The Commissioner, Proddutur Municipality, Kadapa District. 3 The Executive Engineer, Roads and Buildings, Proddutur, Kadapa 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, order or direction more particularly one in the nature of writ of mandamus declaring the impugned action of the respondents in proceeding to demolish the portion of the building of the petitioners in D.No.10/280, 281 & 10/275 of the 1st petitioner, D.No.10/282 of the 2nd petitioner, Basement and Walls beside D.No.10/283 of the 3rd petitioner, and D.Nos.10/274 & 10/276 belongs to 4th petitioner situated in S.No.315 of Modameedipalle, Proddutur, Kadapa District without any due process of law and without any notice is highly illegal, arbitrary and violative of Art.14 and 300-A of the Constitution of India and pass such other order or orders in the interest of justice. Counsel for the Petitioner:MR.EATHAKOTA VENKATA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No. 9770 of 2007 Order: In this writ petition, the petitioners, four in number, seek to declare the action of the respondents in proceeding to demolish the portion of their buildings bearing Door Nos.10/280, 281 and 275, 10/282, 10/283 and 10/274 and 276, situated in Sy.No.315 of Modameedipalle, Proddutur, Kadapa District, respectively, without following the due process of law, as illegal and arbitrary. When the matter is taken up for admission, Sri S.I. Newton, learned counsel appearing for the 2nd respondent-Municipality, on instructions, submitted that so far they have not taken any steps to demolish the structures of the petitioners nor any notices were issued to them, and on mere apprehension, the petitioners have approached this Court. In view of the fact that as on date the respondents have not taken any steps to demolish the structures of the petitioners nor any notices were issued to them, I deem it appropriate to dispose of the writ petition with the following direction. The respondents are directed not to demolish any structures of the petitioners without following the due process of law. It is made clear that if any of the structures made by the petitioners are found to be illegal and in deviation to the sanctioned plans, this order will not preclude the respondents from taking appropriate steps in accordance with law. No order as to costs. _____________________ R. SUBHASH REDDY, J. Date: 27.04.2009 Nsr