IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24839 of 2002 Between: 1 Grandhi Narasimha Rao, S/o late Venkata Lakshminarayana, R/o 29-14-66, Lakshmivarapu Peta, Rajahmundry. 2 Grandhiu Bhagyalakshmi, S/o late Venkata Lakshminarayana, R/o 29-14-66, Lakshmivarapu Peta, Rajahmundry. 3 Grandhi Pushkara Raju, S/o late Venkata Lakshminarayana, R/o 29-14-66, Lakshmivarapu Peta, Rajahmundry. ..... PETITIONERS AND 1 The Commissioner, Municipal Corporation, Rajahmundry. 2 The Collector, Rajahmundry, East Godavri District. 3 The Mandal Revenue Officer, Rajahmundry, East Godavri District .....RESPONDENTS Counsel for the Petitioners:MR.A.L.RAJU Counsel for Respondent No.1:MR.A.VISHNUVARDHAN REDDY The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in seeking to demolish house bearing No.29- 14-65 and 66 of Gowtami Grandhalayam Street, Lakshmivarapupeta, Rajahmundry, East Godavari District, as illegal and arbitrary. Heard the learned counsel for the petitioners and Sri A.Vishnuvardhan Reddy, learned counsel for respondent No.1. The grievance of the petitioners is that though they are the absolute owners of the property referred to above, respondent No.1 without following due process of law, has been seeking to demolish the same for road widening purpose. The law is well settled that a private property cannot be either affected or utilized for any public purpose without following due process of law, as otherwise, such an action falls foul of Article 300A of the Constitution of India. Hence, the writ petition is disposed of with the direction to the respondents not to affect the existing structure of the petitioners without following the provisions of the Hyderabad Municipal Corporation Act, 1955 as made applicable to respondent No.1 Corporation. C.V.NAGARJUNA REDDY, J 19th FEBRUARY, 2009. kvni