HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.30566 OF 2011 ORDER: This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondent in trying to demolish/remove the house and the compound wall situated in Sy.No.863/A in an extent of Ac.0.25 cents and Ac.0.28 cents of the petitioners respectively in Kanigiri village, without issuing any notice to them as illegal, arbitrary and violation of principles of natural justice and also violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondent not to demolish or interfere with the peaceful possession and enjoyment of the petitioners’ property without following due process of law. 2. Heard. 3. It is stated in the affidavit filed in support of the petition that the 1st petitioner purchased the land to an extent of Ac.0.50 cents in Sy.No.863/A of Kanigiri village and out of the said extent of land, he sold Ac.0.25 cents with an intention to construct a building; that likewise, the 2nd petitiner purchased land to an extent of Ac.0.28 cents in the said Sy. Number; while things stood thus on 15.11.2011, the men of the respondent Municipality came to the premises and asked the petitioners to vacate the lands since they were proposing to construct the Municipal Office Building as the sites in question along with other appurtenant sites were suggested by the local MLA; that if at all the respondent is really interested in taking the sites in question, they have to follow the due process of law; that the men of the respondent Municipality are tying to demolish the house and the compound wall of the petitioners without giving any notice or without deciding the compensation or giving the opportunity to them to give explanation and hence the petitioners filed the present writ petition. 4. The learned counsel for the petitioners contended that the men of the respondent Municipality is trying to demolish and remove the compound wall with an intention to construct a Municipal Office building with the influence of the local political leaders without following the due process of law and hence prays to allow the writ petition. 5. On the other hand, the learned standing counsel appearing for the respondent contended that they would follow the due process of law for acquiring the sites in question by giving a reasonable opportunity to the petitioners, if the sufficient time is granted by this Court. 6. As seen from the averments mentioned in the writ petition, it is evident that no notice has been given to the petitioners for acquiring their land for the purpose of construction of the Municipal Office Building. The petitioners claim to be the owners of the sites in question having purchased under a registered sale deed for a valuable consideration. Therefore, the respondent authority has no power to interfere with the sites of the petitioners without following due process of law. If the respondent authority wanted to acquire the sites in question, they have to follow the due procedure. 7. Accordingly, the Writ Petition is disposed of directing the respondent-Municipality to follow the due procedure of law for acquiring the sites in question, if the respondent wanted to construct a Municipal building. Till then there shall not be any interference by the respondent-Municipality with the petitioner sites and structures thereon. There shall be no order as to costs. _______________ K.C.BHANU,J. 18.11.2011, Gk. HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.30566 OF 2011 Date:18.11.2011 Gk.