IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18244 of 2008 Between: 1 P.V.Durga Kumar, S/o. Lakshmaiah, R/o. Door No.13-11-20. R/o. Naaz Theatre Road, Chirala, Prakasam District. 2 Muvvala Subba Rao, S/o. Ramaiah, R/o. Door No.12-2-199. R/o. Naaz Theatre Road, Chirala, Prakasam District. 3 Ranga Rama Devi, W/o. Madhusudhana Rao, R/o. Door No.12-2-121. R/o. Naaz Theatre Road, Chirala, Prakasam District. 4 R.Venkateswra Reddy, S/o. Raghava Reddy, R/o. Door No.12-3-2. R/o. Naaz Theatre Road, Chirala, Prakasam District. 5 Vuntukuri Mallikharjuna Rao, S/o. Subbarayudu, R/o. Door No.12-2-79/2. R/o. Naaz Theatre Road, Chirala, Prakasam District. 6 Guggilam Subrahmanyam, S/o. Ranga Rao, R/o. Door No.12-2-68 & 69, R/o. Naaz Theatre Road, Chirala, Prakasam District. 7 Telaprolu Satyanarayana, S/o. Venkata Ratnam, R/o. Door No.12-2-77. R/o. Naaz Theatre Road, Chirala, Prakasam District. 8 Alapati Balaramaswamy, S/o. Subba Rao, R/o. Door No.21-1-212 & 83, 84, 85 and 86. R/o. Naaz Theatre Road, Chirala, Prakasam District. 9 Tallam Chinna Venkateswarlu, S/o. Amaraiah, R/o. Door No.12-2-108 & 107. R/o. Naaz Theatre Road, Chirala, Prakasam District. 10 Gattu Balasubramanyam, S/o. Mohana Rao, R/o. Door No.12-2-51, R/o. Naaz Theatre Road, Chirala, Prakasam District. 11 Muvvala Venkateswara Rao, S/o. Sri Ranganadham, R/o. Door No.12-2-65 R/o. Naaz Theatre Road, Chirala, Prakasam District. 12 Tallam Sai Goapalakrishna, S/o. Chinna Venkateswarlu, R/o. Door No.13-12-1 & 2. R/o. Naaz Theatre Road, Chirala, Prakasam District. 13 Koduri Venkateswralu, S/o. Suryanarayana, R/o. Door No.12-1-70, 71, 72. R/o. Naaz Theatre Road, Chirala, Prakasam District. 14 Gelli Rajendra Prasad, S/o. Subba Rao, R/o. Door No.12-2-79/1. R/o. Naaz Theatre Road, Chirala, Prakasam District. 15 Nazirunnisa, W/o. Shaik Jelani, R/o. Door No.13-541 & 542. R/o. Naaz Theatre Road, Chirala, Prakasam District. ..... PETITIONER(S) AND 1 State of Andhra Pradesh, Principal Secretary to Municipal Administration & Urban Development Department, Secretariat, Hyderabad. 2 Chirala Municipality Rep by its Commissioner, Chirala, Prakasam District. 3 Chairperson, Chirala Municipal Council, Chirala, Prakasam District. 4 Sub-Divisional Officer, Chirala, Prakasam District. 5 Sub Inspector of Police, Chirala I Town Police Station, Chirala, Prakasam District. .....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 issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action ofthe respondents in marking a portion of building properties belonging to petitioners situated on either side of Naaz Theater Rod in Chirala Municipal Limits with a direction to demolish the same for road widening as illegal, irregular, highhanded, violative of principles of natural justice, provisions of Andhra Pradesh Municipalities Act and rules framed ther unde and oﬀends articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to demolish any portion of the said buildings, its compound walls and site and pass Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18244 OF 2008 ORDER: 1. Petitioners herein call in question the action of the respondents in trying to demolish the houses in their occupation without following due process of law. 2. Petitioners claimed to be the owners of the houses adjoining on either side of Naaz Theatre Road in Chirala Municipal Limits. They apprehend demolition of their houses in road widening by the respondents 1 to 3 without following due process of law. 3. When the writ petition came up for admission Sri S.Nageshwara Reddy, learned standing counsel of Chirala Municipality received notice on behalf of Respondents 2 and 3. The learned standing counsel submits that respondents 2 and 3 will follow due process of law in the event of the houses owned by the petitioners are required for road widening. 4. Accordingly, this writ petition is disposed of directing the respondents to follow due process of law in the event of the houses owned by the petitioners are required for road widening. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 22nd August, 2008. Note: C.C. in three days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18244 OF 2008 22nd August, 2008.