THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2098 of 2008 Date: 07.02.2008 Between: Madupalli Karuna Kumari … Petitioner AND The District Collector, West Godavari, Eluru. And others … Respondents Counsel for the petitioner: Sri K.Chidambaram. Counsel for respondents 1 & 2: A.G.P., for L.A. Counsel for respondent No.3: A.G.P. for R&B. Counsel for respondent No.4 : Smt.Beena for S.Nageswar Reddy HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2098 of 2008 ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in proposing to construct flyover- bridge with approach road at Gun Bazar, Eluru, West Godavari district through the premises bearing Door No.19-1-7A, 19-1-8 situated at T.S.Nos.68, 630/2 and 309/B of Eluru, West Godavari District, as illegal and unconstitutional. Heard Sri K.Chidambaram, learned counsel for the petitioner, learned Assistant Government Pleader for Land Acquisition for respondents 1 and 2, learned Assistant Government Pleader for Transport, Roads and Buildings for respondent No.3 and Smt.Beena, learned counsel representing Sri S.Nageswar Reddy, for respondent No.4. The only apprehension expressed by the petitioner in the affidavit filed in support of the writ petition is that without initiating proceedings under law, the respondents may utilize the property of the petitioner for constructing the flyover- bridge. The basis for petitioner’s apprehension is that the respondents made markings on the premises of the petitioner. It needs no emphasis that in a society governed by rule of law the State or its subordinates cannot take law into their hands and utilize the properties of private citizens without following due process of law. In the wake of the apprehensions expressed by the petitioner, the writ petition is disposed of with the direction to the respondents not to take over the property of the petitioner without following due process of law. Subject to the above observation, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.2680 of 2008 filed by the petitioner seeking interim relief is dismissed as infructuous. ___________________________ C.V.NAGARJUNA REDDY,J Date:07.02.2008 mdaa