IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY WRIT PETITION NO : 20774 of 1995 Between: 1. M.Muralidhar Rao S/o Narayana aged about 48 years, H.No.11-4-33/1, Nehrunagar, Khammam. 2. Mohd.Yakub Ali S/o Mohd.Mahboob Ali aged about 60 years, R/o H.No.8-1-179, U.Like Computerized color lab, Wyra Road, Khammam. 3. P.Suryanarayana S/o Seethaiah aged about 52 years, R/o H.No.6-1-123, V.D.O.Colony, Khammam. 4. P.Venkateshwara Rao S/o Suryanarayana aged about 27 years, R/o H.No.6-1-234, V.D.O.Colony, Khammam. 5. Pootla Narayana Rao S/o Appaiah Aged about 55 years, R/O H.No.11-2-45/1, Balaji Nagar, Khammam. 6 N.Rama Rao S/o Satyanarayana aged about 35 years, R/o H.No.11-1-34, Wyra Raod, Khammam. ..... PETITIONERS AND 1 The Executive Engineer R&B Division Office, Nizampet, Khammam. 2 The District Collector Khammam, Khammam District. 3 The Commissioner Khamman Municipality, Khammam. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus directing the respondents not to demolish the front portion of the houses bearing D.No.8-1-183, 184, 179, 169, 170, 187, situated at Wyra road, Khammam town belonging to the petitioners and by further holding the action of the respondents trying to demolish the said properties without any notice and without following the procedures laid down under the Municipalities Act and Land Acquisition Act as quite arbitrary, illegal and opposed to the principles of natural justice. Counsel for the Petitioner: MR.A.RAJASEKHAR REDDY Counsel for the Respondent No.1 to 3: GP FOR ROADS AND BUILDINS. The Court made the following: O R D E R: The petitioners claim to be the owners of the houses bearing door Nos.8-1-183, 184, 179, 169, 170, 187, situated at Wyra Road, Khammam. The present writ petition has been filed apprehending demolition of the front portion of the said houses by the respondents for the purpose of widening of the road without following any procedure whatsoever. This Court while directing issue of rule nisi granted order of status-quo on 14- 09-1995, which continues to be in operation as on the date. Evidently, the respondents cannot be permitted to demolish any portion of the said houses at this point of time, even for the purpose of widening of the road, without putting the petitioners on notice and following the required procedure. It shall always be open to the respondents to put the petitioners on notice and follow the procedure if they intend to widen the road, in which process the houses of the petitioners are likely to be affected. It is needless to observe that it shall always be open to the respondents to acquire the land that may be required for the public purpose and pay compensation to the petitioners, if still the public purpose requires the acquisition of the houses or any portions thereof. Suffice it to hold that the respondents without following any procedure, whatsoever, cannot be permitted to proceed with the demolition or interfere, in any manner whatsoever, with the houses, which admittedly belong to the petitioners. The Writ petition is accordingly disposed of without any order as to costs. ______________________ B.SUDERSHAN REDDY, J. Dated: 25-11-2004 gs/pv To 1. The Executive Engineer R&B Division Office, Nizampet, Khammam. 2. The District Collector Khammam, Khammam District. 3. The Commissioner Khamman Municipality, Khammam. 4. 2CCs to the G.P. for Roads and Buildings, High Court of A.P., Hyderabad (O.U.T) 5. 2CD copies