THE HON’BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 21985 of 2009 O R D E R: This Writ Petition has been filed seeking a writ of mandamus to declare the action of the respondents in trying to demolish the houses of the petitioners bearing House No. 7-1-393/6 and 7-1-393/6/1 respectively situate in Padmakshi Colony, S.R. Nagar, Hanmakonda, Warangal District, as illegal and arbitrary. The writ petitioners are said to have been in possession and enjoyment of their respective properties stated supra, through a gift settlement deed dated 26.04.2006. While so, the respondents, on 08.10.2009 came and demolished the compound walls of the petitioners’ houses. The grievance of the petitioners is that the respondents neither issued any prior notice nor did they follow the procedure as contemplated under law, before demolishing their properties. Respondent No.2 has filed his counter-affidavit, wherein in paragraphs 4,5 and 6, it has been stated as under: “ 4. It is submitted that the allegations of the petitioners that the officials of this respondent went to the schedule properties on 08.10.2009 and demolished the compound walls of their houses is all false and created. As such the officials of this respondent never went to the schedule property at any point of time much less on 08.10.2009. Therefore, the question of resisted the illegal acts, threats of demolition with machinery and police assistance does not arise. Therefore, the petitioners are required to prove the same with legal proof and evidence. 5. In reply to para 4 of the affidavit, it is submitted that mere assessment of property and allotment of house numbers does not create any right or title over the property. The donor is the wife of 1st petitioner, and he did not disclose the survey numbers and also how the donor of the petitioners acquired the shedule properties and further it came to know that the said land belongs to the Government. In the registered deeds, the U.L.C. permission proceedings No. was not mentioned. Therefore, the petitioners are required to prove their donor/vendor and how the property acquired. 6. It is submitted that this respondent never apprehended the petitioners at any point of time. The respondent corporation always follows the due procedure, before taking any action. Therefore, the petitioners unnecessarily filed this petition against this respondent without any cause of action and no merits in this petition and liable to be dismissed against this respondent” In view of the averments contained in the counter-affidavit filed by Respondent No.2, this Writ Petition is closed. No costs. --------------------- (N.V. RAMANA, J) 18th April 2010 ksld