IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 19399 of 2004 Between: 1 M. Subbarao, S/o. Venkatanarayana, R/o.d.No.78-15-21, Dr.Sastry Street, Syamalanagar, Rajahmundry, E.G.Dist. 2 M. Venkatarayana, S/o. Veeranna, R/o.D.No.78-15-21, Dr.Sastry Street, Syamalanagar, Rajahmundry, E.G.Dist. ... PETITIONERS AND The Commissioner, Municipal Corporation Rajahmundry, Rajahmundry, E.G.Dist. ...RESPONDENT 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 of Mandamus, or any other appropriate writ, order or direction, declaring the proposed action of the respondent in trying to demolish the structures of the petitioners in respect of D.Nos.78-15-21, Dr.Sastry street, Syamalanagar, Rajahmundry, E.G. District, as illegal, arbitrary and violative of principles of natural justice and for a consequential order directing the respondent to drop all further proceedings including demolition of the buildings of the petitioners and pass. Counsel for the Petitioners: MR.CH.DHANAMJAYA Counsel for the Respondent: MR. S.NAGESWARA RAO SC FOR MCH The Court made the following: ORDER: Petitioners submit that they are the owners and possessors of the property admeasuring 1000 sq. yards situated in Sy.No.278/1 and 2 of Syamalanagar, Rajahmundry and after obtaining necessary permission they have constructed a building in October 2004. While so, the respondent – Corporation started taking measurements on 15.10.2004 for the purpose of demolishing the structures without any reason. 2. Learned counsel for the petitioners submits that the petitioners have neither violated any of the conditions of the sanction plan for construction of the building nor they have encroached upon the road margin. He further submits that without issuing any notice it is not open to the respondents to demolish any portion of the building of the petitioners bearing Door No.78-15- 21. 3. Having regard to the facts and circumstances and without expressing any opinion on the merits of the case, the respondent is directed not to demolish any portion of the building of the petitioners bearing Door No.78-15- 21 situated at Dr. Sastry Street, Syamalanagar, Rajahmundry, without following due process of law. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J March 4, 2008 DSK