THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.32781 of 2011 ORDER: This Writ Petition is filed seeking a Writ of Mandamus declaring the notice dated 09.12.2011 issued by the respondent, calling upon the petitioners not to proceed with construction over an extent of Ac.0.02 cents in Sy.No.855 of Madakalavaripalli Village, Gopavaram Mandal, Badvel Municipality, YSR District, as being illegal and arbitrary and consequently set aside the same. The petitioners claim to be agriculturists and were residing in the subject land by raising temporary structures. They state that while the subject land was allotted to them under Indiramma Housing Scheme, the respondent issued a notice dated 24.09.2011, and the impugned notice, alleging that the bathrooms and the compound wall were constructed on the road causing inconvenience to the people and that the illegal encroachments would be demolished. The petitioners’ grievance is that, despite their explanation dated 26.09.2011, the respondent without passing any order had issued the impugned notice. Learned Counsel for the petitioners contended that the respondent is trying to demolish the bathrooms and the compound wall of the petitioners’ houses pursuant to the impugned notice, that the respondent cannot demolish the same without following due process of law and hence he prays to allow the Writ Petition. On the other hand, Sri C.Venkata Yadav, learned Standing Counsel for the respondent, contended that an enquiry has already been ordered by the respondent and till the completion of such enquiry, the petitioners shall not proceed with construction and, if any, construction is made, action will be taken against the petitioners in accordance with law. As seen from the impugned notice, it is evident that the petitioners have encroached upon the road by constructing bathrooms and the compound wall. Since the matter is pending enquiry with the respondent, and view of the fact that the petitioners had already submitted their explanation dated 26.09.2011, the same shall be considered before taking any decision. It is made clear that till such decision is taken, the petitioners shall not proceed further with the construction and, at the same time, the respondent is directed not to demolish the encroachments, if any, in the subject land without following due process of law. The Writ Petition stands disposed of accordingly. No order as to costs. K.C.BHANU, J Dt:14.12.2011 usd