IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 558 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 17/03/2009 in WP NO : 4567 OF 2009 on the file of the High Court.) Between: 1 S.Ramesh Babu, S/o S.Venkatewara Rao, R/o. D.No.12-2-48/A, B.R.P.Road, Tarapet, Vijayawada-1. 2 Parvathi Bai (Ganga Bai), D/o. (L) H.Masthan Rao, R/o. D.No.12-2-68, 69 & 70, B.R.P.Road, Tarapet , Vijayawada - 1, 3 Abdul Saleem, S/o. Abdul Raheem, R/o. D.No.12-2-74, 72 & 73, B.R.P.Road, Tarapet , Vijayawada - 1, 4 K.Raja Rao, S/o (L) Venkateswara Rao, R/o. D.No.12-2-74, B.R.P.Road, Tarapet , Vijayawada - 1, 5 Abdul Sattar, S/o Abdul Razakh, R/o. D.No.12-2-75, B.R.P.Road, Tarapet , Vijayawada - 1, 6 M.L.Anil Kumar, S/o. Manumal Latchi Ram, R/o. D.No.12-2-76, B.R.P.Road, Tarapet , Vijayawada - 1, 7 Y.M.Bhaskar Rao, S/o. Late Y.L.Mark, R/o. D.No.12-2-79, 80 , 81 & 82, B.R.P.Road, Tarapet, Vijayawada-1. ..... APPELLANT(S) AND 1 Municipal Corporation of vijayawada, Vijayawada rep by its Commissioner, 2 Md. Nizamuddin, S/o. late Abdul Sharieff, R/o. 12-2-78, B.R.P. Road, Tarapet, Vijayawada. .....RESPONDENT(S) Counsel for the Appellant:MR.M.V.S.SAI KUMAR Counsel for the Respondent No.: SMT.G.JHANSI The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :558 of 2009 JUDGMENT: (per Hon’ble Smt Justice T. Meena Kumari) This appeal is filed against the order, dated 17.03.2009 passed by the learned single Judge in WP No.4567 of 2009. The appellants herein filed the above writ petition challenging the proceedings dated 19.2.2009 issued by the respondent directing to remove the structures as per the markings made earlier so as to facilitate the junction improvement and widening of the road. The learned single Judge having observed that the respondent issued notices to the petitioners, but they refused to receive the same and failed to avail the opportunity of hearing and now, their contention that they have no objection if the respondent takes land equally on two sides of the road by measuring from the road median, cannot be accepted and that the petitioners having failed to appear before the respondent pursuant to the notices issued by the respondent, now cannot complain about the proceedings of the respondent, dismissed the writ petition. Having aggrieved by the same, the present writ appeal has been filed by the writ petitioners. Heard the learned Counsel and perused the material available on record. A perusal of the material available on record goes to show that on the earlier occasion, when the appellants approached this Court by filing a writ petition No.2531 of 2008, on the ground that the officials of the respondent-Corporation proposed to widen the road from Panja Centre to Railway Station on the western side and marked the houses of the petitioners for demolition, without issuing any notice or opportunity of hearing, this Court directed the respondent to issue notice and afford an opportunity of hearing to the appellants before resorting to demolition of the structures for the purpose of road widening. Now, the present writ petition No.4567 of 2009 was filed questioning the proceedings dated 19.2.2009 issued by the respondent directing them to remove the structures as per the markings made earlier so as to facilitate the junction improvement and widening of the road. The material on record goes to show that pursuant to the orders of this Court in WP No.2531 of 2008, dated 8.2.2008, the respondent issued notices to the appellants herein, but they refused to receive the same. Hence, the respondent after considering the material available viz., survey records and FMB sketches, issued the proceedings impugned in the writ petition. Now, the appellants contend that they have no objection if the respondent takes land equally on two sides of the road by measuring from the road median. It appears that the appellants refused to receive the notices issued by the respondent pursuant to the directions of this Court in WP No.2531 of 2008 and they failed to appear before the respondent to put forth their case. In these circumstances, we feel that in spite of sufficient opportunity afforded to the appellants to put forth their case, they failed to avail the same and therefore, the appellants are not entitled to take any stand before this court and to complain against the respondent as rightly observed by the learned single Judge and hence, the order of the learned single Judge does not suffer from any illegality or irregularity warranting interference of this Court. Accordingly, the writ appeal is dismissed. No order as to costs. _______________________ Justice T.Meena Kumari ___________________________ Justice Vilas V. Afzulpurkar Dated: 28th April, 2009 nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :558 of 2009 (Judgment of the Division Bench delivered by the Hon’ble Smt Justice T. Meena Kumari) 28th April, 2009