IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12586 of 2007 Between: 1 Daram Suresh S./o. Manikyam R/o. 1-4-75, Yowar Road, Jagtial, Karimnagar District. 2 Daram Ravinder S/o Manikyam R/o. 1-4-74, Yowar Road, Jagtial, Karimnagar District. 3 Daram Venugopal S./o.Manikyam R/o. 1-4-73, Yowar Road, Jagtial, Karimnagar District. 4 Daram Madangopal S./o. Manikyam R/o. 1-4-75, Yowar Road, Jagtial, Karimnagar District. 5 Mahadev Ganesh Kumar S/o. Laxmi Rajam R/o. 1-6-118 & 199, Yowar Road, Jagtial, Karimnagar District. 6 Didge Purushotham S/o. Kishan R/o. 1-4-234,, Yowar Road, Jagtial, Karimnagar District. 7 Gattu Murali Manohar S/o.Narayuana R/o. 1-4-235,, Yowar Road, Jagtial, Karimnagar District. 8 Gattu Sanjeev Kumar S/o. Narayana R/o. 1-4-236,, Yowar Road, Jagtial, Karimnagar District. 9 Boddhuna Ramesh R/o. 1-6-116/B, Yowar Road, Jagtial, Karimnagar District. 10 Smt. Dosam Kamala W/o. Manikyzam R/o. 1-4-246, Yowar Road, Jagtial, Karimnagar District. 11 Smt. A.. Rajeshwari R/o. 1-4-241, Yowar Road, Jagtial, Karimnagar District. 12 Kotagiri Srinath S/o. Late Narayana R/o. 1-4-254, Yowar Road, Jagtial, Karimnagar District. 13 Gampa Laxmi Rajam S/o. Hanumandlu R/o. 1-4-257, 258, 259, Yowar Road, Jagtial, Karimnagar District. 14 Vadlagatla Rajaiah S/o. Lingaiah R/o. 1-6-110 & 111, Yowar Road, Jagtial, Karimnagar District. 15 Smt.M. Laxmi W/o. Gangadhar R/o. 1-6-112, Yowar Road, Jagtial, Karimnagar District. 16 Smt. Manchala Virupakshi W/o.Ramesham R/o. 1-6-1/3, & 1-6-114, Yowar Road, Jagtial, Karimnagar District. ..... PETITIONER(S) AND 1 The Chief Engineer, National Highway & Surface Transport (R & B) Opp. Medinova Hospital, Somaiguda, Hyderabad. 2 The Executive, National Highway Division (R & B) Perkit, Karimnagar District. 3 The Principal Secretary Municipal Administation Government of A.P., Secretariat Buildings, Saifabad, Hyderabad. 4 The District Collector, Karimnagar. .....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 an order direction or writ more isn the nature of writ of Mandamus declaring the action of the respondent No.1 & 2 intending to demolish the houses, shops and structures of the petitioners existing on either side of Yawar Road in Jagitial Town Proper , Karimnagar District without adopting the due process of law in the process of widening of existing Yawar Road, Jagitial Town proper in Karimnagar District i.e, from New Bus Stand Circle to the House of Puppala Ashalu's Former Chairman Municipality Jagitial to 130 wide Road is as bad illegal, arbitrary apart from the same being opposed to principles of natural justice and violation of Articles 14, 1921 and 300-A of the Constitution of India and to set aside the same or be pleased to pass such other order or orders as this Hon'ble COurt deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.VENKAT REDDY DONTHI REDDY Counsel for the Respondent No.: MR.S.S.VARMA (ADDL CGSC) The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION NO.12586 OF 2007 ORAL ORDER: The main grievance of the petitioners in this writ petition is that the respondents, without following the due process of law and without paying the compensation, are trying to demolish the houses, shops and structures of the petitioners existing on either side of Yawar Road, in Jagitial Town Proper, Karimnagar District, in the process of widening of existing Yawar Road, in Jagitial Town Proper, Karimnagar District, i.e. from New Bus Stand Circle to the house of Puppala Ashalu, Former Chairman, Municipality, Jagitial, to 130’ wide road. The respondents ﬁled their counter aﬃdavit. Reiterating the counter averments, the learned Government Pleader for R&B submitted that till date no bye-pass road is sanctioned and that the respondents have not initiated any proceedings nor is there any sanction for widening of the road in question and the writ petition is a premature one. He further submitted that the maintenance and widening of the roads would be done by the National Highway Authority and the norms of the Ministry of Road Transport and Highways have to be scrupulously followed, and in any event if any, property is sought to be acquired, the same would be acquired as per the provisions of the National Highways Act, 1956. In view of the said submission made by the learned Government Pleader for R&B that so far the respondents have not initiated any proceedings nor is there any sanction for widening of the road in question, and in case if any property of the petitioners is sought to be acquired, the same would be acquired after following the due process of law, as per the provisions of the National Highways Act, 1956, no orders need be passed in this writ petition. Accordingly, the writ petition is closed. No costs. _____________ N.V.RAMANA,J DATE: 05.08.2008 VGSR