IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 15983 of 2004 Between: 1 Kankipati Aruna Kumari W/o. Benhar Uppalametta, D.No.17-239 Jangareddigudem West Godavari District. 2 Racherla Ramaiah S/o. Somaiah Agricultural Cooli, Gowripatnam, Devarapalli Mandal West Godavari. ..... PETITIONERS AND 1 The Mandal Revenue Officer Devarapalli Mandal, W.G. District. 2 The District Collector West Godavari District, Eluru. 3 The Gram Panchayat Rep. by its President Gowripatnam Village Devarapalli Mandal West Godavari District. 4 The Sub Inspector of Police Devarapalli Police Station Devarapalli Mandal West Godavari District. .....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, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in demolishing their tiled houses on 23.8.2004 at 8.00 P.M. without resorting for acquiring their house sites under the Land Acquisition Act and without paying compensation for both to the house sites and houses thereon and without following due process of law, as illegal, arbitrary, capricious and unwarranted and in violation of Principles of natural justice and also in violation Article 300 A of the Constitution of India and consequently to direct the respondents to acquire our site under the Land Acquisition Act and to pay compensation to both the house sites and tiled houses thereon and also to pay damages caused due to breaking of movable properties in the houses and not widen the road without following the due process of law. Counsel for the Petitioners: SRI P.SATYANARAYANA Counsel for the Respondents : (1) AGP FOR LAND ACQUISITION FOR R1 AND R2 (2) NONE APPEARED FOR R3 & R4 The Court made the following : THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.15983 of 2004 ORDER: This writ petition is ﬁled for a Writ of Mandamus to declare the action of the respondents in demolishing the petitioners’ tiled houses, on 23.08.2004, without resorting to acquisition of their properties and paying compensation to them under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’), as illegal, arbitrary and unconstitutional. 2. In the aﬃdavit, petitioner No.1 claimed that under Will, dated 17.11.1994, her maternal grandmother bequeathed her (grandmother) tiled house situated in Gowripatnam Village, Devarapalli Mandal, West Godavari District, in her favour. The said property comprised 0.05 cents along with tiled house constructed over 80 sq. yards. Petitioner No.2 claimed that he owns 240 sq. yards of site adjoining the said property of petitioner No.1 and there is a tiled house too on the said property. Petitioner No.1 also pleaded that during the lifetime of her maternal grandfather, he paid taxes to the Gram Panchayat, and that subsequent to the death of her grandmother, she herself got the property mutated in her name in the village records and taxes are being paid. It is also averred that petitioner No.2 is also paying taxes to the Gram Panchayat. The grievance of the petitioners is that, on 23.08.2004, the respondents, without issuing any notice, came to their houses with bulldozers and demolished their tiled houses for the purpose of widening of Panchayat road. While terming this action as arbitrary and highhanded, the petitioners prayed for the relief as mentioned supra. 3. No counter affidavit is filed by any of the respondents. 4. As the respondents failed to deny allegations contained in the affidavit filed by the petitioners, it is, prima facie, concluded that the houses of the petitioners are demolished and the road is laid on their properties. However, in order to eliminate any possibility of doubt in this regard, the petitioners are permitted to ﬁle representations before respondent No.2 within a period of four weeks from today. On receipt of such representations, respondent No.2 shall verify the claim of the petitioners, and if he comes to a conclusion that any part of the property of the petitioners is acquired for the purpose of road widening, he shall initiate proceedings under the Act, for acquiring their properties to the extent they were utilized for laying of road. If, on examination of the documents ﬁled by the petitioners, he comes to the conclusion that no part of the property of the petitioners is utilized for the above mentioned purpose, he shall pass a reasoned order and communicate the same within a period of four weeks from the date of receipt of representations from the petitioners. 5. Subject to the above directions, the writ petition is disposed of. No costs. _______________________ C.V.NAGARJUNA REDDY,J 28.08.2008 Note: Furnish CC in one week B/o v v