IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 10777 of 2008 Between: 1 Yerra Suryanarayana, S/o. Basavaraju, Hindu, R/o. Nathavaram Village, Nathavaram Mandal, Visakhapatnam District. 2 Yerra Seetharatnam, W/o. Suryanarayana, Hindu, R/o. Nathavaram Village, Nathavaram Mandal, Visakhapatnam District. ..... PETITIONERS AND 1 The Executive Engineer (R&B) Paderu Division, Paderu, Visakhapatnam District. 2 The Deputy Executive Engineer, (R&B), Narsipatnam, Sub Division, Narsipatnam, Visakhapatnam. .....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, Order or Direction more particularly a Writ in the nature of Mandamus under Article 226 of the Constitution of India declaring the action of the respondents for demolishing the buildings of the petitioners bearing assessment Nos.1022,179 and 180 and D.Nos.1-42 and 1-43 respectively situated in Devangula Rajaveedhi of Nathavaram Village, Nathavaram Mandal, Visakhapatnam District without following the due process of law as arbitrary, illegal and void and further restrain the respondents from proceeding with demolition of the above buildings except in accordance with law and pass Counsel for the Petitioners: MR.M.S.R.SUBRAHMANYAM Counsel for Respondents: GP FOR ROADS & BUILDINGS 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 the structures existing on the lands of the petitioners without following due process of law as illegal. Having heard the learned counsel for the petitioner and learned Assistant Government Pleader for Roads and Buildings, I am of the view that the respondents are not entitled to interfere with the possession and enjoyment of the properties of the petitioners without acquiring the same in accordance with law. Accordingly, the Writ Petition is disposed of with a direction to the respondents not to interfere with the possession and enjoyment of the properties of the petitioners without following due process of law. As a sequel to disposal of Writ Petition, WPMP.No.14064 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ (C.V. Nagarjuna Reddy, J.) 14th May, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Executive Engineer (R&B) Paderu Division, Paderu, Visakhapatnam District. 2 The Deputy Executive Engineer, (R&B), Narsipatnam, Sub Division, Narsipatnam, Visakhapatnam. 3 2 CCs to G.P. for Roads and Buildigs, High Court of A.P. Hyderabad.(OUT). 4 2 CD copies. Form-NIC-OGS/WP{spjs).