THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30115 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondents in attempting to demolish/ remove house situated in Survey No. 214/34/B to an extent of 204 square yards in Yagantipalli Village belonging to the petitioner without putting him on notice or opportunity as illegal and arbitrary and consequently direct the respondents not to demolish or interfere with the peaceful possession and enjoyment of the above property without following due process of law. 2. Case of the petitioner may be stated as follows: The petitioner is the owner of the aforesaid property. On 7.11.2011, subordinates of the respondent came to the house and asked the petitioner to vacate the house as the same is required for road widening and threatened to demolish the house. On 8.11.2011, the respondent municipality officials came and asked the petitioner to vacate the house removing the household articles. The respondent officials are trying to demolish the house without any notice or without deciding the compensation or without giving any opportunity. Hence, the Writ Petition. 3. Learned counsel for the petitioner contended that the officials of the respondent municipality are trying to demolish the house without there being any notice or opportunity, or without following due process of law, and hence, he prays to issue directions to the respondent not to interfere with the house without following due process of law. 4. On the other hand, the learned standing counsel for the respondent municipality contended that the premises in question is required for widening of road and that the respondent would follow due process of law for acquiring the land required. 5. The factual matrix is not in dispute. The contention of the learned counsel for the petitioner is that without following the due process of law, the authorities are trying to demolish the building of the petitioner. Such a course is not permissible. No person shall be deprived of his right in immovable property without taking due course of law. The respondent has no authority to take law into its hand for acquiring the land for the purpose of road widening. The respondent can take recourse to law by following the procedure contemplated under law. 6. The Writ Petition is, accordingly, disposed of directing the respondent not to demolish the building in question without following due process of law. No costs. --------------------- (K.C.Bhanu, J.) 11.11.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30115 OF 2011 11.11.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30115 OF 2011 DATED 11.11.2011 Between: Rama Subba Reddy …Petitioner And The Banaganapalle Municipality, rep. by its Commissioner, Banaganapalli, Kurnool district …Respondents