THE HONOURABLE SRI JUSTICE V.ESWARAIAH W.P. No. 593 of 2008 Date:18-01-2008 Between: Ramesh Kumar Jakhotia …Petitioner AND The Govt. of A.P. rep. by its Principal Secretary, Municipal Administration Dept., Hyderabad and another .. Respondents ORDER: The petitioner seeks a writ of mandamus to declare the action of the respondents in trying to demolish his house building and shops in H.No.10-19-2/1, Canal Road, Main Road, Vijayawada, Krishna District, as illegal and arbitrary. It is the case of the petitioner that he is the owner and possessor of house No.10-19-2/1 situated at Canal Road, Main Road, Vijayawada. The said property was purchased by the father of the petitioner and after his demise, the petitioner succeeded to the said property. It is stated that the house was constructed strictly in accordance with the sanctioned plan and without any deviation. The learned counsel appearing for the respondents submits that the petitioner violated the terms and conditions imposed in the sanctioned plan and also encroached upon the road margin. Therefore, the respondents are taking steps to remove the encroachments made on the road margin and also to demolish the illegal constructions made contrary to the rules. It is stated that there is no violation of sanctioned plan. If there is any encroachment upon the road margin, it is always open for the respondents to issue a notice to the concerned giving liberty to remove the same. But, without following due process of law, the respondents cannot demolish the house of the petitioner. Having regard to the facts of the case, the writ petition is disposed of directing the respondents not to demolish the house of the petitioner without following due process of law. There shall be no order as to costs. ________________ V.ESWARAIAH, J. Date: 18.01.2008 Note: Issue operative portion of the order by wire at party’s cost. B/o ccm