IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 10814 of 2008 Between: Smt. Pediredla Sandhya W/o. Satyanarayana R/o. D.No.1-130 (New), 1-167 (Old), Assessment No.24,Devarapalli Village & Mandal, Visakhapatnam Dist. ..... PETITIONER AND 1 Devarapalli Gram Panchayat, rep. by its Sarpanch, Devarapalli Post & Mandal, Visakhapatnam-531030. 2 The Executive Officer, Devarapalli Gram Panchayat, Devarapalli Post & Mandal, Visakhapatnam-531030. 3 The Asst. Engineer, Roads & Buildings, Devarapalli Post & Mandal, Visakhapatnam-531030. 4 The Tahsildar, Devarapalli Post & Mandal, Visakhapatnam Dist. .....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 in the nature of Mandamus declaring the action of the respondents in trying to demolish the residential building of the petitioner bearing Assessment No.24 with Door No.1-130 (New), 1-167 (Old), situated on Kothavalasa to Devarapalli Road, Devarapalli Post and Mandal, Visakhapatnam District, without notice to the petitioner and without acquiring the said building either under Land Acquisition Act or any other law in force for the purpose of widening the road from 12 ft. to 50 ft. of Kothavalasa - Devarapalli Road, Devarapalli Post and Mandal, Visakhapatnam District, as being illegal, unjust, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and be pleased to pass Counsel for the Petitioner:MR.E.V.BHAGIRATHA RAO Counsel for the Respondent 1 and 2 : GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P.No.10814 of 2008 ORDER: 1 . The writ petition is filed seeking a Writ of Mandamus to declare the action of respondents in attempting to demolish the residential building of the petitioner bearing Assessment No.24 with Door No.1-130 (New), 1-167 (Old), situated on Kothavalasa to Devarapalli Road, Devarapalli Post and Mandal, Visakhapatnam District, without notice to the petitioner and without acquiring the said building either under the Land Acquisition Act or any other law in force for the purpose of road widening from 12 feet to 50 feet of the above said road, as illegal and arbitrary. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Panchayatraj and perused the record.. 3 . The case of the petitioner is that she purchased a vacant site of 20 cents in Survey No.152/14, Patta No.894 situated in Devarapalli Village and Mandal from Smt.Itla Laxmikantham and others for consideration of Rs.6,000/- on 18-4-1992, under registered sale deed dated 18-4-1992 and by virtue of the same, she is in possession and enjoyment of the same. Thereafter, as per the approved plan, dated 7-5-1997, she has constructed a house and has been residing in it. 4. While so, on 6-5-2008, the officers and staff of the respondents visited residential house of the petitioner and made markings to demolish a portion of the said residential house for the purpose of road widening from Kothavalasa to Devarapalli from 12 feet to 50 feet. It is further submitted by the learned counsel for the petitioner that the respondents have not issued any notice to the petitioner about the proposed demolition for widening the road. 5. Having regard to the averments made in the writ petition and also submissions made by the learned counsel for the petitioner, I am of the opinion that the respondents cannot demolish the residential building of the petitioner without following the due process of law. 6 . Therefore, the writ petition is disposed of, directing the respondents not to demolish the residential building of the petitioner without following the due process of law. No order as to costs. ________________ G.CHANDRAIAH,J Date:14-05-2008 Stp ... .. REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}