HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25117 of 2003 Date : 04.08.2009 Between : G. Prabhakar & 5 others. …..Petitioners And The Commissioner, Nagar Panchayat, Yellandu & 3 others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25117 of 2003 ORDER : Petitioners have filed this writ petition, seeking directions by way of Mandamus, directing the respondents not to demolish the structures owned by them in the premises bearing House Nos.1-1-112, 1-1- 113, 1-1-114, 1-3-180/1, 1-6-52 and 1-2-21, situated at Yellandu of Khammam District. 2. In the affidavit filed in support of this writ petition, it is stated that there used to be a 30 feet wide road infront of the petitioners’ houses, and in the year 1982, it was widened to 50 feet, by taking away their lands, without following due process of law. It is their grievance that, again, a survey was conducted for widening of the road, and markings were made on their houses to the extent of 12 to 14 feet, stating that the said marked portions are required for the purpose of road widening. On the ground that the respondents are taking steps for demolition of the marked portions of their houses without following due process of law, they have approached this Court by filing this writ petition. 3. After filing of the writ petition, this Court, by an order, dated 2nd of December 2003, directed the respondents not to demolish the structures belonging to the petitioners without following due process of law. The said order continued all along, during the pendency of the writ petition. Though the writ petition is of the year 2003, no counter affidavit is filed by any of the respondents. When the matter was listed on 21.07.2009, it was finally adjourned to enable the respondents to file counter affidavit, but even then, no counter affidavit is filed on behalf of respondents. 4. It is contended by the petitioners that they are the owners of house properties bearing Nos.1-1-112, 1-1-113, 1-1-114, 1-3-180/1, 1-6-52 and 1-2-21, situated at Yellandu of Khammam District, and the respondents have marked some portions of their houses, stating that such portions are required for the purpose of road widening. The said averments made by the petitioners in their affidavit, are not controverted by the respondents by way of filing counter affidavit. As the properties in question are the private properties of petitioners, if such properties are required for any public purpose, the same are to be taken possession either with the consent of the petitioners, or by initiating proceedings under the provisions of Land Acquisition Act, 1894. 5. In view of the allegations made by the petitioners, which are not rebutted by the respondents by way of filing any counter affidavit, and further, taking into account the interim orders passed by this Court on 02.12.2003, which are in force all along during the pendency of the writ petition, I deem it appropriate to dispose of this writ petition, directing the respondents not to demolish the houses of petitioners as otherwise than due process of law. 6. For the aforesaid reasons, the writ petition is disposed of, directing the respondents not to demolish the petitioners’ houses bearing Nos.1-1-112, 1-1-113, 1-1- 114, 1-3-180/1, 1-6-52 and 1-2-21, situated at Yellandu of Khammam District, as otherwise than due process of law. However, it is made clear that if the said properties are required for the purpose of road widening, this order will not preclude the respondents either to negotiate with the petitioners to part with their properties, or otherwise, to acquire the required structures and land, by initiating proceedings under the Land Acquisition Act, 1894. 7. Subject to the aforesaid directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 4th August 2009 ksh/ajr