IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 10392 of 2001 Between: 1 Pilla Venkayamma, W/o. Nagayya, Major, R/o. 15/195, Satyanarayanapuram, Gudiwada, Krishna District. 2 Pandrajau Anjamma, W/o. Rama Mohan Rao, R/o. 15/195, Satyanarayanapuram, Gudiwada, Krishna District. ..... PETITIONER(S) AND The Commissioner, Gudiwada Municipality, Municipal Office, Gudiwada, Krishna District. .....RESPONDENT 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 of Mandamus or any other appropriate writ, order or direction, declaring the action of the respondent and his staff in threatening to demolish thestructures existing in property situated in Satyanarayanapuram situated in Gudiwada, Krishna District and described by the D.No.15/195 covered under the pattas Nos.27945 and 27944 having T.S.No.7 and Plot Nos.1A, and 1B bounded on East by: D.Jagadeshwara Rao's land and poramboke land on South By: Road and Poramboke land; on West by Road and on North by: Patta land, poramboke and Renduchinthala Varalaxmi land etc.covering an extent of 94 sq.yds.by issuing notice bearing Roc.No.2788/2001 dt. 10-5-2001 by the respondent as illegal, arbitrary and unconstitution and consequently direct the respondnet not to interfere or demolish the existing structures in above schedule property or to dispossess the petitioners from th said schedule property and to pass Counsel for the Petitioner:None appeared Counsel for the Respondent: Mr.S.Nageshwar Reddy The Court made the following : ORDER: None appears for the petitioners. No counter has been filed on behalf of the respondent. It is the case of the petitioner that he is the owner of the property bearing Door No.15/195 covered under Patta Nos.27945 and 27944 having T.S.No.7 and Plot Nos.1A and 1B covering an extent of 94 square yards situated in Satyanarayanapuram in Gudiwada, Krishna District. Admittedly, the said land is a poramboke land and the petitioners constructed the houses on the said land as the pattas were granted in their favour. It is stated that the said notice dated 10.05.2001 asking the petitioners to remove the said houses within three days treating them as encroachers, is illegal and arbitrary. In the circumstances of the case, I am of the opinion that the impugned endorsement dated 21.04.2001 received by the respondent straightaway directing the petitioners to remove the said houses without giving any reasonable opportunity is illegal and arbitrary. Principles of natural justice cannot be dispensed with while taking away the valuable right of the petitioners. Having regard to the facts of the case, the writ petition is allowed and the impugned notice dated 10.05.2001 is set aside, keeping it open to the respondent to give a reasonable opportunity to the petitioners by issuing a show cause notice for taking appropriate action, in accordance with law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:03.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KRD}