IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2670 of 2008 Between: 1 A.Shiva Prasad S/o.Mallaiah R/o.H.No.2-9-15, 2 Muriki Kondaiah S/o.Veeraiah R/o.H.No.1-2-36, 3 Muriki Mahender S/o.Veeraiah R/o.H.No.1-2-35, 4 Muriki Dhanalakshmi W/o.Muriki Mahender R/o.H.No.2-9-34, 5 Aitah Sunitha W/o.Sampath R/o.H.No.1-2-33, 6 Aitah Surender S/o.Shankaralingam R/o.H.No.1-2-32, 7 Vijender S/o.Rajamallu R/o.H.No.1-2-31, 8 Jadal Siva Kumar S/o.Ramalingam R/o.H.No.2-9-27, 9 Jadal Ravikumar S/o.Veeranna R/o.H.No.2-9-28, 10 Bachhu Chandramouli S/o.Rajaver R/o.H.No.3-1-55, 11 Vemula Tirupathaiah S/o.Kotaiah R/o.H.No.3-1-45, 12 Nagunuri Kodanda Ramulu S/o.Raghavulu R/o.H.No.3-1-44, 13 Chendupatla Nandaiah S/o.Buchilingam R/o.H.No.3-1-32, 14 Nagula Rajesham S/o.Rajalingam R/o.H.No.3-1-25, 15 Gourishetti Satyanarayana S/o.Buchaiah R/o.H.No.3-1-21, 16 T.Rajamouli S/o.Somaiah R/o.H.No.2-9-53, 17 Narahari Damodher Reddy S/o.Gopal Reddy R/o.H.No.3-1-19, 18 Tanuku Ramesh S/o.Rajaiah R/o.H.No.3-1-3, 19 Gunda Ramadevi W/o.Ravinder R/o.H.No.2-9-3, 20 Chanda Vykuntamu S/o.Jaggaiah R/o.H.No.3-1-29, 21 Gourishetti Bhaskar S/o.Venkataiah R/o.H.No.2-2-16, 22 Aitah Ramesh S/o.Shankaralingam R/o.H.No.2-9-15, 23 B.Sakkubai W/o.B.Anjaiah R/o.H.No.1-2-34, 24 Rameshlal Chati S/o.Mangilal R/o.H.No.2-9-18, 25 Desu Saiteja S/o.Sadasiva Rao R/o.H.No.1-2-10, 26 Desu Sadasova Rao S/o.Eshwaraiah R/o.H.No.1-2-5, 27 Ghannu Udayamma W/o.Venkataiah R/o.H.No.1-2-9, 28 Ravi Parvathamma W/o.Venkataiah R/o.H.No.1-2-25, 29 Y.Satyanarayana S/o.Radhaiah R/o.H.No.1-2-16, 30 Repala Sridevi W/o.Ramchander R/o.H.No.2-9-14, ( All are residents of Jammikunta Village and Mandal, Karimnagar District) ..... PETITIONERS AND 1 The District Collector, Karimnagar. 2 The Executive Engineer (R&B) at Karimnagar. 3 The Divisional Engineer (R&B) Huzurabad, Karimnagar. 4 The Gram Panchayat, Jammikunta, Karimnagar District, rep. by its Panchayat Secretary. 5 The Tahsildar, Jammikunta Mandal Karimnagar. .....RESPONDENTS 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to demolish the petitioners' properties such as houses and shops for the construction Railway over Bridge in the midst of Jammikunta village, Karimnagar District without following due process of law as illegal, arbitrary, unjust and in violative of ARticles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents to forebear from taking the demolition activity by safeguarding the petitioners properties such as houses and shops situated on both sides of the existing 80 feet road in Jammikunta village, Karimnagar, in the interest of justice and equity and pass such other order/s. Counsel for the Petitioners: MR.A.RAVINDER Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: Apprehending that the respondents are going to demolish their houses and shops for the construction of railway over bridge in the midst of Jammikunta Village, Karimnagar District without following due process of law, the petitioners filed the present writ petition. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue and perused the counter affidavit filed on behalf of the respondents. The relevant portion of the counter reads as under. “the construction of railway over bridge is being constructed in the existing 80 feet road belonging to the R&B Department. It is pertinent to submit that the bridge width of the portion is 36 feet 3 inches equal to 11.05 meters and the total length of the bridge is 1350 meters length, even after the construction of the bridge, there is open place on either side of the existing road to an extent of 43.75 feet, which is sufficient for the purpose of other utilities like water supply, drains, electrical lines etc., which is also sufficient for laying of a service road. Hence, the plea of the writ petitioners that the shops are being demolished without following due process of law is absolutely incorrect and in such an event the property is required by the department, the same shall be acquired by following due process of law.” In view of the above counter averments, no further orders are required in this writ petition and it is accordingly closed. N.V.RAMANA,J DT.15.7.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Karimnagar. 2 The Executive Engineer (R&B) at Karimnagar. 3 The Divisional Engineer (R&B) Huzurabad, Karimnagar. 4 The Gram Panchayat, Jammikunta, Karimnagar District, rep. by its Panchayat Secretary. 5 The Tahsildar, Jammikunta Mandal Karimnagar. 6 2CCs to Govt.Pleader for Finance and Planning, High Court of A.P Hyd 7 2CD copies