IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25456 of 2008 Between: 1 Mrs. Vasa Sujatha W/o. Late V. Mahatma R/o. H.No.1-20-184, Rasoolpura, Secunderabad- 500003. 2 Vasa Ganesh W/o. Late V. Sreeramulu R/o. H.No.1-20-257, Rasoolpura, Secunderabad- 500003. 3 Vasa Prakash W/o. Late V. Sreeramulu R/o. H.No.1-20-257, Rasoolpura, Secunderabad- 500003. ..... PETITIONERS AND Secunderabad Contonment Board, Oﬃce located at Nearer t o Marredpally, Sardar patel Road, Secunderabad, rep. by the Chief Executive Officer. .....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 a Writ of Mandamus or any other appropriate writ or order or direction holding that the action of the respondent to demolish without any notice or consent of petitioners or following due process of law to demolish the 10 Feet in the frontage of the house facing the North of house on Plot No.57 in Sy.Nos.13,14,24 & 25 (part), Lakshmi Nagar, Wellington Road, Secunderabad is unconstitutional invalid, illegal, opposed to Principals of Natural Justice and void and to pass Counsel for the Petitioner: MR.N.RAGHAVAN Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25456 of 2008 ORDER: 1 The case of the petitioners is that they are the joint owners of the building in plot No.57 situated in S.No.13, 14, 24 and 25 (Part) Lakshmi Nagar, Wel l i ngt on Road, Secunderabad and are in peaceful possession and enjoyment of the same since long time. On 17.11.2008 the staﬀ of the respondent visited the said plot and threatened to demolish the house built in the said plot by about 10 feet in the front side of the house for the purpose of road widening. Questioning the same the petitioner approached this Court by way of the present Writ Petition. 2 On instructions the learned standing counsel Mr. Deepak Bhattacharjee submitted that it is only on mere apprehension the petitioner approached this Court and ﬁled the present Writ Petition and the respondent is not demolishing the front portion of the house belonging to the petitioner without following due process under law. 3 In the light of the above submission made by the learned standing counsel this Writ Petition is disposed of with a direction to the respondent not to interfere with the petitioners’ possession and enjoyment of the house in plot No.57 situated in S.No.13, 14, 24 and 25 (Part) Lakshmi Nagar, Wellington Road, Secunderabad without following due process of law. No order as to costs. ----------------- SRI TGK, J. 20.11.2008 C.C. Tomorrow B/o kvsn