IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 22340 of 2005 Between: 1 M.Dharma Reddy, s/o Nagim Reddy, Resident of Kakinada, E.G.District. 2 T.Kodanda Ramachandra Reddy, s/o Satyanarayana Reddy, r/o Kondayyapalem, kakinada, East Godavari District. ..... PETITIONER(S) AND 1 The Commissioner, Municipal Corporation, Kakinada, East Godavari District. 2 The Assistant City Planner, Municipal Corporation, Kakinada. 3 Town Planning Supervisor, Municipal Corporation, Kakinada, East Godavari District. .....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 to issue a writ, order or direction more particularly a writ in the nature of writ of mandamus by declaring the action of the respondents in attempting to demolish the structures in premises bearing Door No.1-22/5 in T.S.No.143/1, Ward No.1, Block No.1 of Sriramnagar, Kakinada, East Godavari District without issuing any notice or reasonable opportunity is illegal, arbitrary, contrary to principles of natural justice and to pass such other or further orders in the interest of justice. Counsel for the Petitioners:MR.E.SAMBASIVA PRATAP Counsel for the Respondents: MR.S.NAGESWARA REDDY The Court made the following : ORDER: None appears for the petitioners. This writ petition has been filed against the alleged action of the respondents in attempting to demolish the structures of the petitioners in premises bearing Door No.1-22/5 in T.S.No.143/1, Ward No.1, Block No.1 of Sriramnagar, Kakinada, East Godavari District without issuing any notice or reasonable opportunity. Though the writ petition has been filed on 13.10.2005, no interim order has been granted by this Court. In the circumstances of the case, if the said structures of the petitioners have not been demolished so far, and if there is any deviation or encroachment of the land by the petitioners, it is always open for the respondents to issue notice and demolish such structures or encroachment by following due process of law. With the aforesaid directions, the writ petition is disposed of. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:04.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}