IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.28136 of 2008 Between: 1 Shaik Intiaz Sharif, S/o. B.S.Mahammod, R/o. Woodnagar, Chirala, Prakasam District. 2 S.Nadimuddin, S/o. Raheemuddin, R/o. Thamospet, Chirala, Prakasam District. 3 A.Brahmananda Reddy, S/o. Tathi Reddy, Opp Naz Theatre, Station Road, Chirala,Prakasam District. 4 Are Subba Reddy, S/o. Raghava Reddy, R/o. Naz Theatre, Station Road, chirala, Prakasam District. 5 A.Sudhakar Reddy, S/o. Tathi Reddy, R/o. Opp Naz Theatre, Station Road, Chirala, Prakasam District. ..... PETITIONERS AND 1 State of Andhra Pradesh, Rep by its Principal Secretary to Municipal Admn., and Urban Development Department, Secretariat, Hyderabad. 2 Chirala Municipality Rep by its Commissioner, chirala, Prakasam District. 3 Chairperson, Chirala Municipal Council, Chirala, Prakasam District. 4 Sub-Divisional Police Officder, Chirala, Prakasam District. 5 Sub Inspector of Police, Chirala I Town Police Station, Chirala, 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 will 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 building properties belonging to petitioners situated on either side of Naaz Theatre Road in Chirala Municipal Limits with a direction to demolish the same for road widening as illegal, irregular, highhanded, violative of principles of natural justice, provisions of Andrha Pradesh Municipalities Act and rules framed there under and offends articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to demolish any portion of the said buildings, its compound walls and site and pass Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN. & URBAN DEV. Counsel for the Respondent Nos.2 and 3: S. NAGESWARA REDDY Counsel for the Respondent Nos.4 and 5: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.28136 of 2008 ORDER: According to the petitioners, they are the absolute owners, possessors and enjoyers of the respective site and building properties situated on either side adjoining Naaz Theatre Road in Chirala Municipal Limits. The particulars of the said building properties are as under: Name Assessment No. Door No. Nature of building Shaik Intiaz Sharif 1032004415 12-2-126 to 12- 2-135 RCC Roof Building S.Nadimuddin 1032004418 &1032004419 12-2-123 &12- 2-124 ” A. Brahmananda Reddy 1032004384 to1032004387 12-2-37,12-2- 41,12-2-40 ” Are Subba Reddy 1032004379 to1032004390 12-2-37 to12-2- 42 ” A. Sudhakar Reddy 1032004389 &1032004380 12-240 ” It is stated that the respondent authorities are entering into the petitioners’ houses stating that a part of the said houses are required for the purpose of widening of the road and that they are threatening to demolish the same. Hence, the petitioners approached this Court and filed the present writ petition. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondent-Municipality. When once the petitioners establish that they are the absolute owners of the houses in question, in my considered view, the respondents cannot acquire the same, without following due procedure under law. In that view of the matter, this writ petition is disposed of with a direction to respondents 2 and 3 not to dispossess the petitioners from the houses in question, without following due procedure under law. GOPALA KRISHNA TAMADA, J Date: 24.12.2008 Note: Furnish CC by tomorrow. B/o va