IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF JUNE TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.23913 of 2002 Between: P. Jagath Raj Patel, S/o. Late P. Sivaiah, R/o. Flat No. 504, Shilpi Hones, Durga Bai Deshmukh Colony, Hyderabad. ... PETITIONER AND 1 Govt. of Andhra Pradesh Rep. by its Principal Secretary Municipal Administration & Urban Development Department Secretariat, Hyderabad. 2 Uppal Municipality Rep. by its Commissioner, Uppal, Ranga Reddy District. 3 Mandal Revenue Officer, Uppal, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue any appropriate Writ, order or direction, preferably a Writ in the nature of Writ of Mandamus declaring the action of the respondents in demolishing the house bearing No. 4-114/16/J, Lane No. 4, Sai Chitra Nagar, Ramanthapur, Ranga Reddy District admeasuring 329 Sq. Yards demarcated as plot No. 20 forming part of Survey No. 42 situated at Ramanthapur village, Hayathnagar Taluk, Ranga Reddy District as being illegal, arbitrary, without jurisdiction, violative of principles of natural justice and also Article 14 of the Constitution of India and consequently direct the respondents not to demolish the above said property of the petitioner. Counsel for the petitioner: Mr. P. Venugopal Counsel for respondent No.1: G.P., Municipal Admn. & Urban Development. Counsel for respondents 2 and 3: Mr. R. Ramachandra Reddy, Standing Counsel. The Court made the following Order: Petitioner seeks a Writ of Mandamus declaring the action of the respondents in demolishing the house bearing No.4-114/16/J, Lane No.4, Sai Chitra Nagar, Ramanthapur, Ranga Reddy District, admeasuring 329 Sq. yards as illegal and arbitrary. 2. In the affidavit filed in support of the writ petition, it is stated that the petitioner purchased an extent of 329 Sq. yards of land vide registered sale deed dated 29-09-1986 bearing document No.4087/1986 and constructed a house after obtaining permission from the local authority and the same is also assessed to property tax and given house No.4-14/16/J. The petitioner alleges that respondents were taking steps for demolition of the house on the ground that the same is constructed in Full Tank Level area, without issuing prior notice and opportunity to him. 3. This court, while admitting the writ petition, by order dated 28-11-2002, issued directions not to demolish the structures raised by the petitioner and the said order continued all along. Though the writ petition is of the year 2002, no counter affidavit is filed. 4. Primarily, this writ petition is based on a news item published in the newspaper. No material is also placed before this court by the respondents to demonstrate that any notice was issued to the petitioner before taking steps for demolition of the house in question and moreover, in the absence of a counter affidavit, it is not possible to decide whether the constructions made by the petitioner are illegal or not. 5. In the circumstances, I dispose of the writ petition directing the respondents not to take any steps for demolition of the house in question without following due process of law. No order as to costs. _____________________ R. SUBHASH REDDY, J. June 1, 2009 MRR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{ESWAR}