IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 30618 of 1998 BETWEEN: 1 Mohd Tajuddin, S/o Md. Moinuddin, R/o 7-3-24/1, Nirmal, Adilabad District. 2 Razia Sultana, W/o Syed Faizur Rahman, R/o 7-3-24/1, Nirmal, Adilabad Dist., through GPA Holder, Syed Shafeeq-ur-Rehman, S/o Syed Faiz-ur-Rahman, R/o Nirmal, Adilabad Dist. ... PETITIONERS AND 1 The Executive Engineer, Roads & Buildings, National Highways, Nirmal, Adilabad District. 2 The Director of Town & Country Planning, Government of A.P. Hyderabad. 3 The Municipal Commissioner, Nirmal Municipality, Nirmal, Adilabad Dist. 4 The District Collector, Adilabad, Adilabad Dist. 5 The Executive Engineer, National Highways, Division at Perkit, Adilabad Dist. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of the Respondents in seeking to demolish the house properties belonging to the petitioners in seeking to demolish the house properties belonging to the petitioners bearing No.7-3-24, 7-3-24/1, 7-3-24/3 & 7-3-24/2 situated at Nirmal, Adilabad District as illegal and arbitrary and consequently direct the respondents to take up the Road Widening Programme as per the revised plan sanctioned by the 2nd Respondent vide proceedings at 22.10.97 between points A & B in RD Plan No.2/97/W; award costs and pass such other order or orders. Counsel for the Petitioners: MR.K.RAGHUVEER REDDY Counsel for the Respondents: GP FOR MUNCIPAL ADMN. & URBAN DEV. MR. RADHA KRISHNA POLISETTY SC FOR MPL. The Court made the following: ORDER: Petitioners submit that the first petitioner is the owner of the house premises bearing No.7-3-24, 24/1 and 24/3 totally admeasuring 2000 sq. feet and the second petitioner is the owner of house bearing No.7-3-24/2 both situated at Nirmal, Adilabad District abutting the national highway. The further submit that the respondents have taken steps to demolish their houses for the purpose of road widening contrary to the GTP Scheme sanctioned by the Government vide G.O.Ms.No.44, Municipal Administration dated 19.01.1990 as amended by Road Development Plan No.1-A/95. The revised development plan in RDP.No.2/97/W was approved on 21.10.1997 as is evident from the letter of the Director of Town and Country Planning addressed to the third respondent. The grievance of the petitioners is that they have not adhered to the revised plan in RDP.No.2/97/W and contrary to the said RDP the respondents wanted to demolish their houses. 2. The petitioners seek implementation of the said revised plan in RDP.No.2/97/W dated 21.10.1997 issued by the Government vide Memo No.8773/97/99-3 Municipal Administration dated 29.07.1999. 3. Counter has been filed to the effect that the said revised plain in RDP.No.2/97/W vide the aforesaid memo dated 29.07.1999 is alone being implemented in order to minimize the damage to the private properties to the possible extent, therefore, the petitioners would not have any grievance. 4. In view of the aforesaid counter, I am of the opinion that no further orders are required to be passed in the writ petition. The writ petition is accordingly closed. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 20, 2008 DSK