THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 33802 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring action of the respondents in resorting to widening of the existing Kotapalle road, Piler Village, Piler Mandal, Chittoor District affecting properties of the villagers/petitioners without acquiring their properties as illegal and arbitrary and direct the respondents to take up the road widening work only after acquiring the properties of the villagers, including the petitioners, which are needed for road widening and not to dispossess any person in this area including the petitioners from their respective properties in the name of road widening. 2. The averments, in brief, stated in the affidavit filed in support of this Writ Petition may be stated as follows. The eighth petitioner is owner of House No.1-1160, Kotapalle Road, Piler Village, Piler Mandal, Chittoor District and constructed the same in the year 2000 in the plot purchased under a registered sale deed. The second and third petitioners purchased the property and they are under mortgage to bank for loan. Petitioner nos. 4, 5 and 6 purchased their respective properties on 19.1.2005, 27.11.2010 and 22.6.2000 respectively. First petitioner purchased House plot in survey no.563/1 on 8.4.1999 vide registered sale deed. The seventh and ninth petitioners are owners of house plots in Survey nos. 563/3, 527/1, 527/2. They purchased plot on 25.2.2011 vide registered documents. All the petitioners are in peaceful possession and enjoyment of their respective properties. On 1.12.2011, staff of Roads and Buildings came to Kotapally street in Piler and advised the petitioners to vacate the property and hand over half of the house and house plot to the Department. Neither the petitioners nor their respective vendors received any notices. The Grampanchayat has been kept in dark. Hence, the Writ Petition. 3. Heard the learned counsel for the petitioners and the learned Assistant Government for Roads & Buildings appearing for the respondents. 4. The grievance of the petitioners is that without acquiring their properties, the respondents are trying to demolish their buildings and compound wall unauthorisedly for road widening purpose and hence, he prays to issue direction as prayed for. 5. On the other hand, the learned Assistant Government Pleader contended that after following due process of law, removal of the buildings and compound walls will be effected, if the land of the petitioners is required for road widening purpose. 6. The petitioners claim that they are owners of the property as stated above. It is their case that without issuing any notices, the respondent authorities are demolishing their buildings for road widening purpose. The photographs filed along with the writ petition would go to show that compound walls and some portion of houses were demolished. As seen from the averments in the affidavit filed in support of the Writ Petition, no notice has been issued by the respondent authorities before removing the structures. Unless the procedure contemplated under law is followed, further demolition shall not be taken place. 7. Therefore, the Writ Petition is disposed of directing the respondents to follow due process of law in case the petitioners encroached into the Government site or if the land of the petitioners is required for the purpose of road widening purpose. Till a decision is taken in accordance with law, there shall be stay of further demolition. No costs. ________________ (K.C.BHANU, J.) 21.12.2011 DRK THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 33802 OF 2011 Date: 21.12.2011