IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12306 of 2008 Between: B. Nagaraju S/o. B. Obulesh R/o. 13-166, Main Road, Chamundeshwari Cloth Stores, Veldurthi, Kurnool District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary, Roads and Buildings Department, Secretariat Buildings, Hyderabad. 2 The Superintending Engineer, Roads and Buildings Department, Kurnool. 3 The Assistant Engineer, Roads and Buildings Department, Dhone, Kurnool District. 4 The Mandal Revenue Officer, Veldurthy Mandal, Kurnool District. .....RESPONDENT(S) 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 a writ, order or direction(s) essentially in the nature of Writ of Mandamus declaring the action of the Respondents herein in trying to demolish the building in the premises No.13-166 forming part of Survey No.648/2 situated at Veldurthi Village and Mandal, Kurnool District, belonging to the petitioner herein for the purpose of widening of 80 feet road without taking recourse to due process of law is illegal, arbitrary and violative of Article 300(A) of the Constitution of India, and pass Counsel for the Petitioner: MR.KARNAMRAMESH Counsel for the Respondents: GP FOR ROADS & BUILDINGS The Court made the following : Form-NIC-OGS/WP{MSN} THE HON’BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 12306 of 2008 Oral order: The petitioner states that he purchased an extent of Ac.04 cents of land situated in sy. No. 648/2 of Veldurthi village and mandal, Kurnool district, from his vendors, under a registered sale deed dated 17.05.2001, and thereafter, having obtained permission from the Gram Panchayat constructed a house therein, which was assigned H. No. 13-166, and since then living therein. While so, it is the case of the petitioner that the respondents without issuing any notice and without following the due process of law, and trying to demolish his house for the purpose of road widening. Hence, he filed the present writ petition. The learned Assistant Government Pleader for R & B appearing on behalf of the respondents submitted that the respondents have only surveyed the land, and that if they want to take the land of the petitioner for the purpose of road widening, they will follow the due process of law. The submission placed by the learned Assistant Government Pleader for R & B is placed on record, and the writ petition is disposed of directing that in the event the respondents intend to acquire the land of the petitioner or demolish the house of the petitioner or any part thereof for the purpose of road widening, they shall do so only after following the due process of law. Accordingly, the writ petition is disposed of. No costs. _________________ N.V. RAMANA, J. Date: 13th June, 2008 Note: Wire at party’s cost. (B/o) KSR/KVR