IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 8703 of 2005 Between: Mrs. Anita Kukreja W/o. Pahlaj Kukreja, D.No. 48-18-75 Rama Talkies Junction, Visakhapatnam, Visakhapatnam District. ..... PETITIONER AND 1 The Visakhapatnam Municipal Corporation Rep. by its Commissioner, Visakhapatnam, Visakhapatnam District. 2 The Visakhapatnam Urban Development, Authority , Rep. by its Vice Chairman, Visakhapatnam, Visakhapatnam District. 3 The Special Officer, Municipal Corporation Visakhapatnam, Visakhapatnam District. .....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 a Writ of Mandamus or any other appropriate writ, Order or Direction directing the Respondents not to demolish the houses/ structures belonging to the Petitioner by declaring the action of the Respondents in trying to demolish the houses/ structures belonging to the Petitioner bearing D.No. 48-18-75, Rama Talkies, Junction, Visakhapatnam, Visakhapatnam District, without following due process of law as arbitrary, illegal and unconstitutional and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.T.NAGARJUNA REDDY Counsel for the Respondents 1 and 2: MRS.V.PREETI REDDY Counsel for the Respondent No.3: Mr. N.Ranga Reddy The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus directing the respondents not to demolish her house/structures bearing D.No.48-18- 75, situated at Rama Talkies Junction, Visakhapatnam, Visakhapatnam District, as illegal and arbitrary. It is stated that the land of the petitioner is required for widening of the road. If the petitioner encroached upon the road margin, it is open to the respondents to take away the same. If the land is required for the purpose of widening of the road, unless the same is acquired either by way of private negotiations or by initiating land acquisition proceedings, the house of the petitioner may not be demolished. 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:13.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}