IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.16516 of 2008 Between: 1 Maggidi Nadipi Gangaram S/o. Ashanna R/o. H.No. 4-1-905, Allamayya Gutta Area, Sirikonda Road, Koratla Proper and Mandal, Karimnagar District. 2 Nimma. Anjaiah S/o. Late Chanddraiah R/o. H.No. 4-1-903, Allamayya Gutta Area, Sirikonda Road, Koratla Proper and Mandal, Karimnagar District. 3 Nimma Laxmi W/o. Late Nimma Chinna Bhumaiah R/o. H.No. 4-1-902, Allamayya Gutta Area, Sirikonda Road, Koratla Proper and Mandal, Karimnagar District. 4 Ambedker Yuvajana Sangham, Koratla Mahila Vibhagam, Reg. No. 1033/77, Rep. by its President, Kudukula Yellamma, W/o. Kondaiah, Aged: 50 years, Occ: President, Balaji Road, Koratla Proper and Mandal, Karimnagar District. ..... PETITIONERS AND 1 The State of A.P., Rep. by its Principal Secretary to the Revenue Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Karimnagar Distirct, Karimnagar. 3 The Revenue Divisional Officer (RDO), Jagtial, Karimnagar District. 4 The Tahsildar, Koratla Mandal, Kortla, Karimnagar Distirct. 5 The Koratla Municipality, rep. by its Commissioner, Koratla, Karimnagar District. (Impleaded as per Court order dt.16.10.2008 in W.P.M.P.No.25824 of 2008) .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondent authorities in threatening to demolish the residential houses of the petitioners houses bearing Municipal Numbers 4-1-905, 4-1- 903, 4-1-902, and 4-1-906 situated at Balaji Road, Allamayya Gutta area, Sirikonda Road, Koratla Proper and Mandal, Karimnagar, without initiating the Land Acquisition proceedings and without paying any compensation to the petitioners as nothing but abuse of the powers vested in them and also violative of Articles 14, 19 and 21 of the Constitution of India and declare the same as null and void. Consequently direct the respondent authorities not to demolish and dispossess the petitioners from their residential houses bearing Municipal Numbers 4-1-905, 4-1-903, 4-1-902 and 4-1- 906 situated at Balaji Road, Allamayya Gutta area, Sirikonda Road, Proper and Mandal, Karimnagar, unless the Land Acquisition proceedings are initiated and unless compensation is paid to the petitioners. Counsel for the Petitioners: MR.K.VENUMADHAV Counsel for Respondent Nos.1 to 4: GP FOR REVENUE Counsel for Respondent No.5: MR. POLISETTY RADHAKRISHNA (SC) The Court made the following: THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.16516 OF 2008 ORDER: Heard the learned counsel for the petitioners, the learned Government Pleader for Revenue for respondents 1 to 4 and the learned Standing Counsel appearing for respondent No.5 Municipality. It is the case of the petitioners that they are the owners and possessors of the subject houses bearing Municipal Nos.4- 1-905, 4-1-903, 4-1-902 and 4-1-906 respectively situated at Allamayyagutta area, Sirikonda Road, Koratla Proper and Mandal, Karimnagar District, that the said houses were constructed in the year 1988 after obtaining necessary permission from the then Grampanchayat, and that they are regularly paying property tax as well as electricity consumption charges in respect of the said houses. Their grievance is that on 19.07.2008, the revenue oﬃcials came to their houses and threatened to demolish their houses, and now the respondents are trying to evict them from the subject houses without following the due process of law. This Court, while issuing notice before admission on 30.07.2008, ordered status quo to be maintained by the parties. The 4th respondent ﬁled a counter-aﬃdavit stating that the land in an extent of 9 acres in Sy.No.1176 of Koratla town is a Government land and Shikam Poramboku of Thalla Cheruvu, that the petitioners have encroached the said land by constructing the subject houses illegally without any permission from the Government and obtained municipal numbers for the said houses by managing the oﬃcials of the Municipality, and that the said Thalla Cheruvu was handed over to Koratla Municipality on 14.03.2008 for the purpose of its development as summer storage tank to improve the drinking water facility to the residents of Koratla town, leaving an extent of Ac.0-22 gts., wherein eight structures including the subject houses of the petitioners are situated. It is further stated that the possession of the petitioners was not disturbed as on today and that due process of law will be followed in case the petitioners are required to be evicted from the subject houses. In view of the aforesaid counter averments, without going into the merits of the case, I deem it appropriate to direct the respondents to follow due process of law, in the event the petitioners are required to be evicted from the subject houses. No order as to costs. With the above direction, the writ petition is disposed of. No order as to costs. _____________ N.V. RAMANA,J 16th October, 2008 IBL