IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 19711 of 2008 Between: 1 Kanamarlapudi Srinivasulu, S/o. Chenchaiah, 2 Narra Subrahmanyam, S/o. Peda Kotaiah 3 S.K.Sultan Basha, S/o. Khadar Basha, 4 Pokuri Venkateswarlu, S/o. Pokuri Kondaiah, 5 S.K.Khadar Mohiddin, S/o. Bade Saheb, 6 Ashodi Venkata Rathamma, W/o. Late Venkateswarlu, 7 Andaru Vijaya, W/o. Yeram Dayamma, 8 Sara Subrahmanayam, S/o. Yasaiah, 9 Bapatla Malyadri, S/o. Malakondaiah, 10 Bapatla Kondala Rao, S/o. Malakondaiah, 11 Sika Karunamma, W/o. Israil, 12 Battarusetti Dorasanamma, W/o. Prasada Rao, 13 Chatla Nageswara Rao, S/o. Appalaswamy, 14 Chatla Ramanamma, W/o. Rama Rao, 15 Botchu Venkateswarlu, S/o. Garataiah, 16 Chatla Appa Rao, S/o. Papa Rao, 17 Bhavanasi Nageswara Rao, S/o. Obaiah, 18 K.Venkateswarlu, C/o. Obaiah, 19 Kallu Mangamma, W/o. Lakshmaiah, 20 S.K.Mallang Sha, S/o. Masthan Bee, 21 Chintamoora Ramana Reddy, S/o. Abdulla, 22 Syed Ahammad, S/o. Imami, 23 S.K.Jaffar, S/o. Abdulla, 24 Narra Kotamma, W/o. Venkaiah, ..... Petitioners AND 1 State of Andhra Pradesh, rep by its Principal Secretary to Panchayat Raj & Rural Development Department, Secretariat, Hyderabad. 2 Deputy Executive Engineer, Panchayat Raj Department, Singarayakonda Mandal, Prakasam District. 3 Singarayakonda Gram Panchayat, Rep by its Executive Authority- cum-Panchayat Secretary, Singarayakonda Village and Mandal, Prakasam District. 4 Singarayakonda Mandal Praja Parishad, Rep by Mandal Parishad Development Officer, Singarayakonda Village and Mandal, Prakasam District. 5 Superintending Engineer, Roads and Buildings Department, Ongole, Prakasam 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in marking a portion of houses of petitioners with a demand to remove the same for road widening as illegal, irregular, highhanded , violative of principles of natural justice, provisions of Andhra Pradesh Panchayat Raj Act, 1994 and rules framed there under and offends articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to demolish any portion of the said houses; -2- The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated 10-9-2008 and 20-11-2008 made herein and upon hearing the arguments of SRI NIMMAGADDA SATYANARAYANA, Advocate for the Petitioners, Govt. Pleader for Panchayat Raj for the respondents 1 and 2, G.P. for Roads and Buildings for the respondent No.5 and of Sri M. Prabhakar Rao, SC for Gram Panchayat for the respondents 3 and 4, the Court made the following: ORDER: At request of Sri.Satyanarayana, learned counsel for the petitioners, post after one week. The interim order of status quo granted earlier is extended till 10-12-2008. Post after one week. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Principal Secretary to Panchayat Raj & Rural Development Department, State of A.P. Secretariat, Hyderabad. 2. The Deputy Executive Engineer, Panchayat Raj Department, Singarayakonda Mandal, Prakasam District. 3. The Executive Authority-cum-Panchayat Secretary, Singarayakonda Gram Panchayat, Singarayakonda Village and Mandal, Prakasam District. 4. The Mandal Parishad Development Officer, Singarayakonda Mandal Praja Parishad, Singarayakonda Village and Mandal, Prakasam District. 5. The Superintending Engineer, Roads and Buildings Department, Ongole, Prakasam District. 6. 2 CCs to the G.P. for Panchayat Raj, High court of A.P.Hyd.(O.UT) 7. 2 CCs to the G.P. for Roads and Buildings, High court of A.P.Hyd. (O.UT) 8. One C.C.to Sri Nimmagadda Satyanarayana, Advocate. (OPUC) 9. One spare copy. BRT HIGH COURT RRJ DATED 1-12-2008 POST AFTER ONE WEEK ORDER W.P.NO. 19711 OF 2008 EXTENDING THE STATUS QUO HIGH COURT BRT DRAFTED ON : 2-12-2008 RRJ DATED 1-12-2008 POST AFTER ONE WEEK ORDER W.P.NO. 19711 OF 2008 EXTENDING THE STATUS QUO