IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 21907 of 2002 Between: 1 Kandregula Nooka Apparao S/o. Late Ramu Naidu R/o. Gavarapalem, Anakapalli, Visakhapatnam District. 2 Dadi Naga Ratnam W/o. Late Nageswara Rao R/o. Gavarapalem, Anakapalli, Visakhapatnam District. ..... PETITIONERS AND 1 The Mandal Revenue Officer-cum- Mandal Executive Magistrate, Anakapalli, Visakahapatnam District. 2 Anakapalli Municipality, Rep. by its Commissioner, Anakapalli, Visakahapatnam District. 3 Adari Ramanamma W/o. Late Appala Naidu R/o. Door No. 14-27-10, Gavarapalem, Anakapalli, Visakahapatnam 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 or order or direction more particularly one in the nature of Writ of Mandamus, declaring the order of the Mandal Executive Magistrate Cum Mandal Revenue Officer, the first respondent herein in Mc.No. 8/02/E dated 19.8.2002 as one without jurisdiction, arbitrary, illegal & Violative of principles of natural justice and set aside the same and consequently declare the action of the 2nd respondent in trying to demolish the latrine and mutton shop at Gavarapalem, Anakapalli, belonging to the petitioners, without issuing any notice and without initiating any proceedings under the Land Acquisition Act, as Arbitrary, illegal & Violative of principles of natural justice and pass such other orders. Counsel for the Petitioners: MR.G.VIVEKANAND Counsel for the Respondent No.: . The Court made the following : ORDER: The petitioners claim to be owners of the premises bearing door No.14-27-9/3. The 3rd respondent-Adari Ramanamma presented a complaint before the Mandal Executive Magistrative, Anakapalli-1st respondent, complaining that the petitioners encroached upon her site and constructed latrine and mutton shop. The 1st respondent took the complaint on file as M.C.No.8/02/E and proceeded to pass an order on 19.08.2002 directing the 3rd respondent to approach the Municipal Commissioner, Anakapalli-2nd respondent, for removal of the said encroachments. 2. The grievance of the petitioners is that the Municipal Authorities are contemplating to demolish the latrine and mutton shop owned by them without putting them on notice and without following the due process of law. Hence this writ petition. 3. Heard the learned counsel appearing for the petitioners and perused the material brought on record. 4. The learned counsel appearing for the petitioners submits that the 1st respondent has not provided any opportunity to the petitioners to represent their case and therefore the order dated 19.08.2002 passed by him is liable to be set aside on the ground of violation of principles of natural justice. 5. As seen from the order passed by the 1st respondent, he directed the 3rd respondent to approach the 2nd respondent-Municipal Commissioner, Anakapalli, for removal of the encroachments allegedly made by the petitioners on her site. He has not passed any executable order which can be said to be in violation of principles of natural justice. The order dated 19.08.2002 is a direction to the 3rd respondent to approach the 2nd respondent. In the event of the 3rd respondent approaching the 2nd respondent for removal of the encroachments allegedly made by the petitioners, the Municipal Authorities have to necessarily put the petitioners on notice before initiating any action. 6. In that view of the matter, the writ petition is disposed of, directing the 2nd respondent-Municipal Commissioner, Anakapalli, to follow the due process of law, in the event of the constructions made by the petitioners are liable to be demolished. No costs. ______________________ B. SESHASAYANA REDDY,J 6th July, 2009. CBS HON’BLE SRI JUSTICE B. SESHASAYANA REDDY Writ Petition No.21907 of 2002 (Disposed of -NC) 6th July, 2009 CBS