HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos.13116 & 15762 of 2008 Date : 21.07.2011 Between : Konduru Polaiah @ Babu & another. …..Petitioners And The District Collector, Nellore District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos.13116 & 15762 of 2008 COMMON ORDER: As much as similar relief is sought for in both these writ petitions, they are heard together and are being disposed of by this common order. The petitioners are residents of Allur village of Nellore District. In these writ petitions, they seek directions by way of Mandamus, declaring the action of respondents in seeking to take steps for demolition of their houses situated in Allur village and Mandal of Nellore District without notice and without initiating proceedings under any Statute, as illegal and arbitrary. In both these writ petitions, interim orders are passed in favour of petitioners. In the counter affidavit filed by the respondents, it is stated that the road in between Rajupalem and Iskapalli, running from KM 16/0 to 18/0, is sought to be widened, and as there are several houses on either side of the said road in Allur village, the buildings which are likely to be affected, are being identified and markings were made on such buildings, but they are not for demolition. It is stated that at the stage of identification of the affected houses, on the misapprehension that such houses will be demolished, petitioners have approached this Court by filing these writ petitions. In the counter, it is categorically stated by the respondents that before demolishing the structures in question, due procedure will be followed by issuing notices and by giving opportunity of hearing to the petitioners. As much as the ownership of the petitioners’ houses is not in dispute and in view of the stand of the respondents in the counter affidavit that steps will be taken in accordance with law, these writ petitions can be disposed of with the following directions: 1. There shall be a direction to the respondents not to dispossess the petitioners from their houses or dismantle their houses as otherwise than due process of law; 2. If the land or houses of the petitioners are required for road widening, respondents are not precluded from taking steps in accordance with law, either by obtaining the consent of petitioners to part with their property or by initiating proceedings under the Land Acquisition Act or the National Highways Act. Subject to the above directions, both the writ petitions are disposed of. No costs. _____________________ R.SUBHASH REDDY, J 21st July 2011 ajr