THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 8951 OF 2003 Dated: 17.09.2010 Between: Gonthina Appa Rao ..... PETITIONER AND The District Collector, Visakhapatnam and another .....RESPONDENTS The Court made the following : THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 8951 OF 2003 ORDER: This writ petition is filed aggrieved by the action of the respondents in seeking to demolish the building bearing Door No.25-1- 20(2) in R.S.No.20/4 of Pedagantyada village and direct the respondents not to dispossess the petitioner from the said property. It is alleged by the petitioner that the respondents have been taking steps to dispossess the petitioner highhandedly and to demolish the structures forcibly. This Court while directing rule nisi, by order dated 06.05.2003 in W.P.M.P.No.11492 of 2003, granted interim stay of demolition of the building in question without following due process of law. In the counter affidavit filed on behalf of the 2nd respondent, it is alleged that the petitioner had encroached upon the VUDA’s property and leased out to various persons and therefore, it was proposed to remove the encroachments. Even assuming that the petitioner’s possession is not in accordance with law and the allegation of the 2nd respondent that he had encroached upon the VUDA’s property is correct, the 2nd respondent being the statutory authority created under the Andhra Pradesh Urban Areas (Development) Act, 1975 is bound to take the necessary steps following due process of law. In the circumstances, without expressing any opinion as to the title claimed by the petitioner, the Writ Petition is disposed of with a direction to the respondents not to dispossess the petitioner and not to demolish the building in question without following due process of law. So far as the petitioner’s plea that some of the structures have already been removed and he is entitled for compensation for the same, it is open to the petitioner to work out the appropriate remedy as available under law before the proper forum. No costs. ___________ G. ROHINI, J Date: 17.09.2010 Ivd