IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO : 19169 of 2004 Between: Tanamampudi Venkata Reddy S/o Late Varshala Reddy AP. Transco Employee Penugonda, West Godavari District. ..... PETITIONER AND 1 The District Collector West Godavari District, Eluru 2 The Revenue Divisional Officer Kovvur, West Godavari Distirct. 3 The Mandal Revenue Officer Penugonda Mandal, West Godavari Distirct 4 The Penugonda Grama panchayath, Penugonda, Penugonda Mandal West Godavari district, rep.by its Secretary .....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 of writ of Mandamus or any other appropriate writ, order or direction declaring the action of the Respondents in taking steps to demolish the buildings of the petitioner R.C.C.Building, Door.No.1-107, Main Road 18th ward, extent-70 sq.yds, Penugonda, W.G.District, as illegal, arbitrary and violative of principles of natural justice. Counsel for the Petitioner:MR.K.CHIDAMBARAM Counsel for the Respondents 1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: MR. D.SRINIVAS, Standing Counsel The Court at the stage of admission made the following ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for respondent Nos.1 to 3. None appears for respondent No.4. The gravamen of the complaint in this writ petition is that the respondents without following the due procedure as contemplated under the law and as directed by this Court, are proceeding for widening of the road and respondent Nos.3 and 4 with their subordinates started laying identification marks on either side of the main road and internal roads from 18th September, 2004. In view of the same, the petitioner moved this Court by way of present writ petition contending that without following the due procedure and issuing notice to him, the respondents cannot proceed with the demolition of structures for the purpose of widening of 50 ft road. The learned Government Pleader for Revenue appearing for respondent Nos.1 to 3 produced before this Court a letter addressed by the Mandal Revenue Officer, Penugonda, to his office, wherein, it is stated that a meeting with local public, who are going to be affected in removal of encroachments on the main road by the Revenue Divisional Officer, Kovvur, Sarpanch, Penugonda Gram Panchayath and officials of other Departments was held on 10-09-2004 and 35 people attended the said meeting and given their consent to remove their encroachments within 34 ft. width and the Survey Team measured main road in the presence of the concerned building owners/representatives on behalf of the owners and marked 34 ft. width. Most of the encroachers/occupants voluntarily agreed to remove their encroachments up to the commitment i.e. within 34 ft. width. The minor part of the building corners and edges (i.e. Sun shades, projections, front elevations only) of the petitioner and others are being affected within one feet to one and half feet width only. In view of the same, though the petitioner voluntarily agreed to remove the building corners and edges (i.e. Sun shades, projections, front elevations) etc., the respondents have to follow the due procedure even for removing the same by issuing necessary notice to the petitioner and if any persons voluntarily not agreed to remove the encroachments, it is open for the respondents to remove the same by following the due procedure. The writ petition is accordingly disposed of. No costs. 14th OCTOBER, 2004. kvni To 1 The District Collector, West Godavari District, Eluru 2 The Revenue Divisional Officer, Kovvur, West Godavari Distirct. 3 The Mandal Revenue Officer, Penugonda Mandal, West Godavari Distirct 4 The Secretary, Penugonda Grama panchayath, Penugonda, Penugonda Mandal West Godavari district. 5 Two CCs to the Government Pleader for Revenue, A.P.High Court Buildings, Hyderabad. (OUT) 6 Two CD copies.