IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.27190 OF 2003 Dt.27.1.2010 Between: Shaik Hasan Ali … Petitioner and another And The Executive Officer, Dhone Gram Panchayat Kurnool District and another … Respondents Counsel for the Petitioner : Sri G. Venkat Reddy for Sri K. Rathangapani Reddy Counsel for the Respondents: None appeared THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.27190 OF 2003 ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents in seeking to demolish the structures bearing house Nos.12-167-7, 12-167-5, 12-167-3 and 12-167-4 constructed by petitioner No.1 and shop bearing No.12-167-6 constructed by petitioner No.2 in S.No.545/2B, Kothapeta, Dhone, Village and Mandal, Kurool District, as illegal and arbitrary. Heard Sri G. Venkat Reddy, representing Sri K. Rathangapani Reddy, learned Counsel for the petitioners. No one appeared for the respondents. The petitioners pleaded that right from the time of their grand-father/ father they are in possession of the property in dispute wherein the constructions were raised and shops are being run. It is further averred that in case of petitioner No.1, the Gram Panchayat, Dhone, has passed a resolution recommending for grant of patta, to the Mandal Revenue Officer and that the same is pending with the said authority. The petitioners further alleged that on certain persons, who are inimical to the petitioners, approaching respondent No.2, he has directed respondent No.1 to demolish the structures raised by the petitioners. The grievance of the petitioners is that in seeking to demolish the structures, the respondents have not followed due process of law. No counter affidavit has been filed by the respondents controverting the averments contained in the affidavit. This Court by order dt.30.12.2003 granted interim direction to the respondents not to evict the petitioners or demolish the structures in their occupation. Even though the petitioners failed to plead title to the properties in their occupation, they, however, claimed that the properties are in their occupation since the time of their grand-father/ father. Even assuming that the petitioners do not hold valid title and are in occupation of the panchayat land, the respondents cannot be permitted to take the law into their hands and highhandedly demolish the structures admittedly raised by the petitioners or their grand-father/ father. Nothing is stated by the respondents before this Court to the effect that either they are not seeking to demolish the structures, as alleged by the petitioners, or that in doing so they have followed the procedure prescribed by law. Therefore, the Writ Petition is allowed. The respondents are restrained from demolishing the properties in occupation of the petitioners without following due process of law. As a sequel to disposal of the Writ Petition, W.P.M.P. No.34448 of 2003, filed by the petitioners, is disposed of. ______________________ C.V. NAGARJUNA REDDY, J 27.1.2010 bnr