IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 4239 of 2003 Between: Gunda Kailasam, S/o. Late Mallaiah, R/o. H.No. 9-7-6, Ellamma Bazar, Warangal. ..... PETITIONER AND Warangal Municipal Corporation, Rep. by its Commissioner, Warangal. .....RESPONDENT 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 an appropriate Writ order or direction especially one in the nature of Writ of Mandamus declaring the action of the in trying to demolish the house of the Petitioner bearing NO.9-7- 6, situated in Ellamma Bazar, Warangal without giving notice and without acquiring land under Land Acquisition Act as illegal, intentional, malafide, highly arbitrary, opposed to principles of natural justice and consequently restrain the Respondent from demolishing the house without following the Law of the Land and procedure contemplated under the Land Acquisition Act. Counsel for the Petitioner: MR.K.V.BHANU PRASAD Counsel for the Respondent: MR.K.VENUGOPAL REDDY The Court made the following : ORDER : In this Writ Petition the petitioner seeks writ of Mandamus declaring the action of the respondent in trying to demolish the house property covered by House bearing No.9-7-6, situate at Ellamma Bazar, Warangal, as illegal and arbitrary. It is the case of the petitioner that he is the owner and possessor of the house bearing No.9-7-6, situate at Ellamma Bazar, Warangal, by purchasing the same through registered sale deed, dated 06-09-1971. It is stated that towards the south of the house, there is existing 18 feet road. Though it is not a commercial area and there is no requirement to widen the road, respondent corporation is taking steps to widen the road. It is the grievance of the petitioner that though the petitioner’s house is situated in his own land, steps are being taken for road widening without initiating any proceedings under Land Acquisition Act and without following the due process of law. At the stage of admission, this Court by order, dated 11-03-2003, granted directions to the respondent corporation not to demolish the house property of the petitioner bearing No.9-7-6, situated in Ellamma Bazar, Warangal, without due process of law. Though the Writ Petition is of the year 2003, no counter-affidavit is filed and the interim order passed by this Court on 11-03-2003 continued all along. In the absence of any counter- affidavit controverting the allegations of the petitioner and taking into account the interim order, dated 11-03-2003, passed by this Court is in force during the pendency of the Writ Petition, I dispose of the Writ Petition directing the respondent corporation not to demolish the house property of the petitioner without following the due procedure contemplated under law. However, it is made clear that if any structure or part of the property of the petitioner is required for road widening, this order will not preclude the respondent to obtain consent from the petitioner or to initiate proceedings under the Land Acquisition Act for acquisition of the property to the extent it is required for the public purpose. Subject to above directions, the Writ Petition is disposed of. No order as to costs. ___________________ R.SUBHASH REDDY, J. 30th June, 2009. skmr