IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 6735 of 2005 Between: S. Venkatram, S/o. Lakshmanarao, R/o. H.No. 6-2-26, Kakaji Nagar, Hanamkonda, Warangal District. ..... PETITIONER AND 1 The Government of andhra Pradesh, Rep. by its Principal Secretary, (Municipal Administration), Secretariat Buildings, Hyderabad. 2 The Warangal Municipal Corporation, Rep. by its Commissioner, Warangal, Warangal District. 3 The Kakatiya Urban Development Authority, Rep. by its Vice Chairman, Warangal, Warangal 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 may be pleased to issue an appropriate Writ, Order or direction more in the nature of Writ of Mandamus, declaring the action of the respondents in laying the road and interferences of the petitioner's vacant plot admeasuring 161.45 sq. situate at Kakji Nagar, Hanamkonda Warangal District without following the procedure and without putting on notice or opportunity to substantiate his claim as being illegal, arbitrary, violative of principles of natural justice, besides Articles 14, 16, 21 and 300-A of the Constitution of India. Counsel for the Petitioner: MR.C.A.RSESHAGIRI RAO Counsel for the Respondent No.1 : GP FOR MUNCIPAL ADMN. & URBAN DEV. Counsel for the Respondent No.2 : Mr.Durga Nageswara Rao Counsel for the Respondent No.3 : Mr.C.Narendra The Court, at the stage of admission, made the following: O R D E R: Heard the learned counsel for the petitioner, learned Government Pleader for Municipal Administration appearing for the first respondent and the learned standing counsel appearing for respondents 2 and 3. The petitioner seeks a Writ of Mandamus to declare the action of the respondents in trying to interfere with his possession and enjoyment of the site admeasuring 161.45 square yards situated at Kakji Nagar, Hanmakonda, Warangal District, without following due process of law for the purpose of proposed road widening work, as arbitrary and illegal. It is represented by the learned counsel appearing for both parties that the issue involved in this writ petition is squarely covered by a decision of this Court in W.P. No. 21198 of 1997 and batch, dated 03-02-1998, wherein the Division Bench while considering an identical question, issued guidelines as under: “1. Where a property is required for public purpose viz., widening of roads or for any other purpose, the authorities straightaway cannot take law into their hands and jump into the premises, dispossess or evict the occupants or demolish the property. 2. If the authorities concerned want to take action for eviction/dispossession of the occupants or demolition, they shall issue 60 days’ prior notice notifying as to the nature of the property, the property to whom it belongs and the proposed action calling for explanation/objections if any from the occupants. On receipt of such objections, if there is any objection as to the ownership of the property, the authorities should determine the extent of encroachment of unauthorized occupation and also determine whether the property in question belongs to Government/any other local self Government or authority or the occupants and pass appropriate orders within three months from the date of receipt of the objections, after affording an opportunity of being heard to the occupants. 3. In case where demolition of private property has already been made, the authorities shall determine the damages on the basis of the assessment to be made by the Engineer of the Roads and Buildings Department and disburse the amount of damages quantified forthwith. 4. If the demolition is in respect of local bodies’ Government property, the question of damages does not arise. In such an event, the occupant shall be entitled to remove the material used for the construction. 5. In case of demolition of private property, the authorities concerned shall determine the loss caused to the occupants on the basis of the assessment to be made by the Engineer of R & B Department and on such assessment of damages, the concerned authorities shall take appropriate steps to disburse the amount quantified forthwith. 6. If there is any claim for grant/assessment of the property, the concerned authorities shall consider the same in accordance with law taking into consideration the eligibility and the entitlement of occupants, after making enquiry and till such claim is decided, there shall be status-quo obtaining as on today regarding the structures.” The learned Government Pleader as well as the learned Standing counsel appearing for the respondents do not dispute the above legal position. The writ petition is accordingly disposed of directing the respondents not to interfere with the possession of the petitioner in respect of the site in question without following the guidelines issued by the Division Bench in common order dated 03-02-1998 in W.P. No. 21198 of 1997 and batch. No costs. __________ 30.03.2005 sh To 1 The Principal Secretary, Government of Andhra Pradesh, (Municipal Administration), Secretariat Buildings, Hyderabad. 2 The Commissioner, Warangal Municipal Corporation, Warangal, Warangal District. 3 The Vice Chairman, Kakatiya Urban Development Authority, Warangal, Warangal District. 4) 2 CD copies 5) 1 CC to MR.DURGA NAGESWARA RAO