IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12169 of 2007 Between: 1 Bonagiri Venugopal S/o.Venkatesham Owner of H.No. 1-4-67, Yawar Road, Jagitial, Karimnagar District. 2 Bonagiri Ramesh Kumar S/o.Venkatesham Owner of H.No. 1-4-66, Yawar Road, Jagitial, Karimnagar District. 3 Bonagiri Anjamma W/o.Venkatesham Owner of H.No. 1-4-255, Yawar Road, Jagitial, Karimnagar District. 4 N.Ram Manohar S/o.Narayana Owner of H.No. 1-6-116, Yawar Road, Jagitial, Karimnagar District. ..... PETITIONER(S) AND 1 The Chief Engineer, National Highway & Surface Transport (R & B ) Opp: Medinova Hospital, Somajiguda, Hyderabad. 2 The Executive Engineer, National High way Division (R & B), Perkit, Karimnagar Dt. .....RESPONDENT(S) 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 to issue an order, direction or writ more in the nature of writ of mandamus declaring the action of the respondents intending to demolish the houses, shops and structures of the petitioners existing on either side of Yawar Road, in Jagtial Town Proper, Karimnagar District without adopting the due process of law in the process of widening of existing Yawar Road, Jagitial Town proper in Karimnagar District i.e., from New Bus Stand Circle to the House of Puppala Ashalu's former Chairman Municipality, Jagitial to 100' wide road is as bad, illegal, arbitrary apart from the same being opposed to principles of natural justice and violation of Articles 14, 19, 21 and 300-A of Constitution of India and to set aside the same or be pleased to pass such other order or orders. Counsel for the Petitioner:MR.VENKAT REDDY DONTHI REDDY Counsel for the Respondent No.: MR.S.S.VARMA (ADDL CGSC) The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION NO.12169 OF 2007 ORAL ORDER: The main grievance of the petitioners in this writ petition is that the respondents, without following the due process of law and without paying the compensation, are trying to demolish the houses, shops and structures of the petitioners existing on either side of Yawar Road, in Jagitial Town Proper, Karimnagar District, in the process of widening of existing Yawar Road, in Jagitial Town Proper, Karimnagar District, i.e. from New Bus Stand Circle to the house of Puppala Ashalu, Former Chairman, Municipality, Jagitial, to 130’ wide road. The respondents ﬁled their counter aﬃdavit. Reiterating the counter averments, the learned Government Pleader for R&B submitted that till date no bye-pass road is sanctioned and that the respondents have not initiated any proceedings nor is there any sanction for widening of the road in question and the writ petition is a premature one. He further submitted that the maintenance and widening of the roads would be done by the National Highway Authority and the norms of the Ministry of Road Transport and Highways have to be scrupulously followed, and in any event if any, property is sought to be acquired, the same would be acquired as per the provisions of the National Highways Act, 1956. In view of the said submission made by the learned Government Pleader for R&B that so far the respondents have not initiated any proceedings nor is there any sanction for widening of the road in question, and in case if any property of the petitioners is sought to be acquired, the same would be acquired after following the due process of law, as per the provisions of the National Highways Act, 1956, no orders need be passed in this writ petition. Accordingly, the writ petition is closed. No costs. _____________ N.V.RAMANA,J DATE: 05.08.2008 VGSR