IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 8864 of 2003 Between: Ponnala Sarada W/o Jagan Mohan Rao R/o. Narasapur, West Godavari District. .... Petitioner AND 1 The R.D.O., Narasapur, West Godavari District. 2 The M.R.O., Narasapur, West Godavari District. 3 The Narasapur Municipality Rep. by its Commissioner, Narasapur, West Godavarai 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 will be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the Respondents in taking steps to demolish the buildings bearing D.No.1-1-31/3 situated in an extent of 58.2 Sq. yds. at 3rd ward, Narasapur, West Godavari District for widening of the Road without initiating any proceedings for acquiring the said land and without issuing any notice as illegal, arbitrary violative of principles of natural justice of Article 14, 19 and 300-A of the constitution of India and pass. Counsel for the Petitioner: MR. K.CHIDAMBARAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : HONOURABLE SRI JUSTICE R.SUBHASH REDDY W.P.No.8864 of 2003 ORDER: In this writ petition, the petitioner has questioned the action of respondents in taking steps for demolition of his residential building bearing No.1-1-31/3, situated at 3rd Ward, Narsapur, West Godavari District. 2. The petitioner claims to be the owner of the house bearing Door No.1-1-31/3, admeasuring 58.2 square yards, situated in 3rd Ward, Narsapur, West Godavari District, having purchased the same by a registered sale deed, dated 09-07-1992, from its previous owner one Sri Osuri Kanaka Tulasi. It is the grievance of the petitioner that the said house is abutting a public road, and for the purpose of widening of road, respondents have started taking steps for demolition, without consent of the petitioner and without issuing any proceedings under the provisions of the Land Acquisition Act, 1984 (for brevity ‘the Act’). 3. At the stage of admission, this Court, by order dated 06-05- 2003 in W.P.M.P.No.11400 of 2003, granted interim direction not to demolish the building of the petitioner, as otherwise than due process of law. The said order passed by this Court on 06-05-2003, continued all along. 4. No counter affidavit is filed on behalf of the respondents and there is also no representation on their behalf. 5. It is the case of the petitioner that since he has not given any consent to part with possession of required land and structures, and no steps have been taken by notifying the house or any part of it for acquisition under the provisions of the Act, he cannot be dispossessed or deprived of his house property, as otherwise than due process of law. 6. In absence of any counter affidavit, and also taking into account the interim order passed by this Court on 06-05-2003, which is in force all along during pendency of the writ petition, I deem it appropriate to dispose of the writ petition, directing the respondents not to demolish the building of the petitioner bearing Door No.1-1-31/3, situated at 3rd Ward, Narsapur, West Godavari District, without following due process of law. It is made clear that if the property of the petitioner is required for any public purpose i.e. for widening of the road, it is open for the respondents either to take possession with the consent of the petitioner, or to invoke the provisions of the Land Acquisition Act to acquire the property of the petitioner. 7. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ 1st July 2009 KVR