IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 763 of 2001 Between: 1 Nandula Venkateswarlu, S/o. Late Nandula Rama Narasimha Rao, R/o. H.No.4-118/1/A, Swarup Nagar, Uppal, Uppal Mandal, R.R.District. 2 Ravada Amarnath, S/o. Mahadeva, Hindu, R/o. H.No.4-119/1, Swarup Nagar, Uppal, Uppal Mandal, R.R.District. 3 V.Siva Kumar, S/o. Late V.Seetharamaiah, Hindu, R/o. H.No.4-118/3/1, Swarup Nagar, Uppal, Uppal Mandal, R.R.District. 4 Smt.Marpaka Rajeswari, D/o. Late malla Reddy, R/o. H.No.4-119/1/C, Swarup Nagar, Uppal, Uppal Mandal, R.R.District. 5 Thutupalli Siva Rama Krishna Murthy, S/o. Late Seetharamaiah, R/o. H.No.4-118/3/2, Swarup Nagar, Uppal, Uppal Mandal, R.R.District. 6 Chilukuri Subba Rao, S/o. Somaraju, R/o. H.No.4-118/3/1/A, Swarup Nagar, Uppal, Uppal Mandal, R.R.District. ..... PETITIONER(S) AND 1 The District Collector, Ranga Reddy District, Lakdikapul, Hyderabad. 2 The Chairman, Uppal kalan Municipality, Uppal, Ranga Reddy District. 3 The Mandal Revenue Officer, Uppal, Uppal Mandal, R.R.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 to issue an order, direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondnets in taking steps to demolish the properties/ structures of the Writ Petitioners houses bearing Nos.4-118/1/A, 4-119/1, 4-118/3/1, 4-119/1/C, 4-118/3/2, and 4-118/3/1/A situated at Swarup Nagar, Uppal, Uppal Municipality, Ranga Reddy District without following the procedure is contrary, to the law arbitrary, unjust and opposed to the principles of natural justice, equity and fair play and pass Counsel for the Petitioner:MR.P.V.R.SHARMA Counsel for the Respondent No.: MR.V.VISWANATHAM The Court made the following : ORDER: It is the case of the petitioners that they are the owners of various extents of land situated at Swarup Nagar, Uppal Municipality, Ranga Reddy District and alleging threat of demolition by the respondents for the purpose of widening of the road, the said writ petition has been filed. This Court, while admitting the writ petition, granted interim directions on 23.1.2001 directing the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the property. If the respondent-authorities require any part of the land of the petitioners for public purpose, it is always open for them to acquire the same either by way of private negotiations or by initiating proceedings under the Land Acquisition Act, 1894. Without following due process of law or paying the compensation, the petitioners cannot be deprived of their legitimate right over the property in question. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to resort to demolition activity, without following due process of law. No order as to costs. -------------------------- V. ESWARAIAH, J DATE: 27.3.2008 CVM