IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15441 of 2007 Between: 1 G.Narasimha Reddy S/o.G.Sathi Reddy R/o.H.No.7-2-75, Bairamalguda village, Vaishali Nagar, Hyderabad - 500 079. 2 G.Madhushdhan rEddy S/o.G.Sathi REddy R/o.H.No.7-2-75, Bairamalguda village, Vaishali Nagar, Hyderabad - 500 079. 3 G.Venugopal Reddy S/o.G.Sathi Reddy R/o.H.No.7-2-75, Bairamalguda village, Vaishali Nagar, Hyderabad - 500 079. 4 G.Jaipal reddy S/o.G.Sathi Reddy R/o.H.No.7-2-75, Bairamalguda village, Vaishali Nagar, Hyderabad - 500 079. ..... PETITIONERS AND 1 The State of Andhra Pradesh, Department of Revenue Secretariat Building, Saifabad, Hyderabad, Rep. by the Principal Secretary. 2 The Joint Collector, Ranga reddy District, Lakdikapol, Hyderabad. 3 The Deputy Collector, Land Protection Cell, Ranga Reddy District, Lakdikapool, Hyderabad. 4 The Asst. Executive Engineer, IB, Hayathnagar Mandal, Hyderabad. 5 The L.B.Nagar Municipality, Saroornagar, Ranga reddy District, rep. by the Commissioner. .....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 or order or direction in the nature of a Writ declaring the impugned action of the respondents in attempting to demolish the boundary wall of the petitioners constructed on the northern side of their lands situated in Sy.Nos. 6, 9, 10 and 11 of Bairamalguda village, Saroornagar Mandal, Ranga Reddy District as arbitrary, discriminatory and violative of articles 14, 19 (1)(a) and (g) and 300 a of Constitution of India and against principles of natural justice and consequently direct the respondents not to demolish the said boundary wall more so without following due process of law and pass such other or further orders as this Hon’ble Court deems ﬁt and proper in the circumstances of the case. Counsel for the Petitioners:SRI B.NALIN KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15441 of 2007 ORDER: The four sons of late G.Sathi Reddy are the petitioners herein. Their father was owner of land admeasuring Acs.4.33 in survey Nos.6, 9, 10 and 11 of Bairamulguda Village in Saroornagar Mandal in Ranga Reddy District. After death of their father on 26.07.2005 the petitioners obtained necessary succession, pattadar passbooks and title deeds. There is Maddela Kunta cheruvu in survey No.16 on the northern side of the petitioners’ land. After the Assistant Executive Engineer, Department of Irrigation, Hayatnagar, ﬁxed the FTL level, petitioners constructed a compound wall on the northern side. Petitioners wanted to construct a Junior College and applied to various authorities for necessary permissions after paying the requisite fees. They allege that on 17.07.2007 the third respondent and his subordinates came to their land and tried to demolish the compound wall on the ground that they constructed the same in the land forming part of the cheruvu/tank. Therefore, they filed the present writ petition. This Court passed orders on 24.07.2007, which read as under. Learned Assistant Government Pleader for Revenue (General-T), after getting instructions, submits that respondents 2 to 5 never demolished the compound wall and that when it was brought to the notice of the petitioners that they are constructing compound wall in the buﬀer zone, they themselves started demolishing compound wall on 21.07.2007. Learned A.G.P seeks a week’s time for ﬁling aﬃdavit of the Mandal Revenue Oﬃcer to that effect. Post on 31.07.2007. Thereafter, respondents have not ﬁled any counter affidavit. Learned Assistant Government Pleader for Revenue (General-T) submits that the respondents never made any attempts to demolish the compound wall. The same is recorded. Needless to observe that if there is any action to be taken by the respondents against the petitioners for alleged encroachment of tank land, the due process of law has to be followed, without which there cannot be any demolition. The Writ Petition, with the above observations, is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) 17.11.2008 vs To 1 The Principal Secretary, State of Andhra Pradesh, Department of Revenue Secretariat Building, Saifabad, Hyderabad. 2 The Joint Collector, Ranga reddy District, Lakdikapol, Hyderabad. 3 The Deputy Collector, Land Protection Cell, Ranga Reddy District, Lakdikapool, Hyderabad. 4 The Asst. Executive Engineer, IB, Hayathnagar Mandal, Hyderabad. 5 The Commissioner, L.B.Nagar Municipality, Saroornagar, Ranga reddy District. 6 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 7 2CD copies Form-NIC-OGS/WP{KURR}