IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27168 of 2008 Between: 1 Boddu Venkata Raju, S/o. Gangaraju, R/o. D.No. 60-1-6, Lankadivari Street, Jagannaickpur, Kakinada. 2 Dhunna Lakshmi Chinnammulu, W/o. D. Jagga Rao, R/o. D.No. 60-1-7, Lankadivari Street, Jagannaickpur, Kakinada. 3 Penapothu Arjuna Rao, s/o. Late Veerraju, R/o. D.No. 60-1-5, Lankadivari Street, Jagannaickpur, Kakinada. 4 Koppada Chennamma, W/o. Late Nagaraju, R/o. D.No. 60-3-32, Lankadivari Street, Jagannaickpur, Kakinada. ..... PETITIONER(S) AND Kakinada Municipality, Rep by its Commissioner, Kakinada. .....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 to issue a writ of mandamus, or any other appropraite writ, order or direction, declaring the proposed action of the respondent in trying to demolish the petitioners' residential houses viz., the 1st petitioner bearing D.No. 60-1-6, 2nd petitioner bearing D.No. 60-1-7, 3rd petitioner bearing D.No. 60-1-5 and the 4th petitioner bearing D.No. 60- 3-32 situated at Jagannaickpur, Kakinada as illegal, arbitrary and violative of principles of natural justice and for a consequential order directing the respondents to drop all further proceedings in this regard, and pass Counsel for the Petitioners: MR.CH.DHANAMJAYA Counsel for the Respondent: MR.S.NAGESWARA REDDY The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondent in trying to demolish the petitioners’ residential houses situated at Jagannaikpur, Kakinda, as illegal and arbitrary and a consequential direction to the respondent to drop all further proceedings in this regard. The petitioners assert that they are the absolute owners and possessors of the houses bearing D.Nos.60-1-6/2, 60-1-7, 60-1-5 and 60-3-32 respectively situated at Jagannaikpur, Kakinada having purchased them under different registered sale deeds. Their main grievance is that without there being any notice from the respondent- Commissioner, Kakinada Municipality, the subordinates of the respondent, under his instructions, are trying to demolish the petitioners’ houses. Whenever any land or house is required for a public purpose such as road widening, etc., the Corporation can definitely acquire the same by an agreement as provided under Section 146 of the Hyderabad Municipalities Corporation Act, 1955 (for short “the Act”) and if the owner or possessor of such land or house does not come forward, then the Corporation has to resort to Section 147 of the Act. As the grievance of the petitioners is that the subordinates of the respondent, without issuing any notice, visited their places, took measurements and markings of their houses with a view to demolishing them, this Court is inclined to dispose of the writ petition with the following direction: “The respondent-Commissioner is hereby directed not to interfere with the peaceful possession of the petitioners’ residential houses without issuing any notice and without following due process as contemplated under Sections 146 and 147 of the Act.” In terms of the above direction, this writ petition is disposed of. No costs. ______________ 15.12.2008 Note: Furnish copy in one week B/o bcj