IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 11472 of 2005 Between: The Chowk Mosque, Municipal High School Road, Nandyal, Kurnool District, Rep. by its Muthawali P.V.H.A. Razack Miah, S/o. Late P.V.H. Abdul Lathif, Aged about 60 Years, Nandyal, Kurnool District. ..... PETITIONER AND 1 The Nandyal Municipality, Rep. byits Commissioner, Nandyal, Kurnool district. 2 The Mandal Revenue Officer, Nandyal, Kurnool district. .....RESPONDENT(S) 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 issue a Writ or order or direction more particularly one in the nature of Writ or Mandamus declaring the action of the respondents in taking steps for demolition of the structures in premises bearing No. 4- 445, Municipal High School Road, Nandyal, Kurnool District belonging to the Petitioner and for dispossession without following due procedure prescribed under law as illegal, irregular, arbitrary, unjustified, unconstitutional and unsustainable and direct the respondents to forbear from taking any such steps and pass such other order or orders as it may deem fit. Counsel for the Petitioner:MR.P.VEERA REDDY Counsel for the Respondent No.1: MR.S.NAGESWARA REDDY Counsel for the Respondent No.2: GP FOR REVENUE The Court made the following : ORDER: This writ petition relates to demolition of the structures of the petitioner’s premises without following due process of law. This Court while admitting the writ petition directed the respondents not to demolish the structures in question without following due process of law. If any structure is required for the public purpose, it is always open for the respondents to acquire the said land either by way of private negotiations or by initiating land acquisition proceedings and if the petitioner encroached any road margin or the government land, appropriate action can be taken for acquisition of the said land under the Land Acquisition Act. However, without following due process of law, there cannot be any demolition of the petitioner’s building. Accordingly, the writ petition is disposed of in terms of the interim order passed by this Court on 17.05.2005 in W.P.M.P.No.14694 of 2005. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:13.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}