IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.10544 of 2008 Between: Thota Subba Rao S/o.Venkateswarlu R/o.Kuchipudi , Movva Mandal Krishna District ..... PETITIONER AND 1 The Panchayat Secretary,Kuchipudi Gram panchayat Movva Mandal, Krishna District 2 The District Collector, Krishna District, at Machilipatnam .....RESPONDENTS 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 an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in demolishing the petitioner residential hut situated beside the road leading from Kuchipudi to Krishnapuram and asking the petitioner to vacate from the same is illegal, arbitrary,unjust violation of principles of natural justice and violation of ARticles, 14,16 and 21 of the Constitution of India and consequently direct the respondents not to interfere with the possession of the petitioner pending disposal of the representation dated 9.5.2006 before the 1st respondent and pass Counsel for the Petitioner: MR.J.U.M.V.PRASAD Counsel for the Respondent No.: MR.M.PRABHAKARA RAO The Court made the following: Form-NIC-OGS/WP{TRK} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.10544 of 2008 ORDER: The case of the petitioner is that the 1st respondent is illegally demolished the residential house situated beside the road leading from Kuchipudi to Krishnapuram and the petitioner made a representation before the District Collector on 09.05.2006 requesting to grant alternative house site, but it was not considered so far. In so far as the first allegation is concerned, it is stated that the petitioner occupied the road margin and constructed the house causing hurdles and inconvenience to the public traffic and therefore, the 1st respondent after following due process of law removed the said encroachment. In so far as the second allegation is concerned, it is stated that no application is received from the petitioner for grant of alternative land. It is not known whether the representation of the petitioner dated 09.05.2006 was received or not by the 2nd respondent as there was no acknowledgment. Having regard to the facts and circumstances of the case, the petitioner is permitted to make a representation afresh before the 2nd respondent and on receiving such representation, the 2nd respondent may consider and dispose of the same, in accordance with law. The Writ Petition is accordingly disposed of. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 30.04.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Panchayat Secretary,Kuchipudi Gram panchayat Movva Mandal, Krishna District 2 The District Collector, Krishna District, at Machilipatnam 3 2. 2CCs to 4. 2CD copies