IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25081 of 2008 Between: Jonnadula Dayasri Sambasivaiah, S/o. Subba Rao, R/o. Sitharampet, Eupurupalem Mandal, Prakasam District. ..... PETITIONER AND 1 State of Andhra Pradesh, rep. its Principal Secretary to Municipal Administration & Urban Development Department, Secretariat, Hyderabad. 2 Chirala Municipality, rep. by its Commissioner, Chirala, Prakasam District. 3 Chairperson, Chirala Municipal Council, Chirala, Prakasam District. 4 Sub-Divisional Police Officer, Chirala, Prakasam District. 5 Sub Inspector of Police, Chirala I Town Station, Chirala, Prakasam 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 will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in marking a portion of building property belonging to petitioner bearing assessment No. 1032016778 and door No. 13-11-1(2) situated on southern side of Naaz Theatre Road in Chirala Municipal Limits with a direction to demolish the same for road widening purpose as illegal, irregular, hgihanded, violative of principles of natural justice, provisions of Andhra Pradesh Municipalities act and rules framed there under and oﬀends articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to demolish any portion of the said buildings, its compound wall and site and pass Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER: This writ petition has been ﬁled by Jonnadula Dayasri Sambasivaiah assailing the action of the respondents in contemplating to demolish the portion of the premises owned by him in the process of road widening without following due process of law. The petitioner claims to be the owner, possessor and enjoyer of the premises bearing D.No.13-11-1 (2) situated on the southern side adjoining Naaz Theatre Road in Chirala Muicipality, having purchased the same under a registered sale deed dated 9.07.2001 from Yelchuri Radhakrishna Gupta and Naga Varaprasada Rao. According to him, he constructed the building on obtaining sanction from the local authority. It is stated in the writ aﬃdavit that the oﬃcials of the Chirala municipality along with the police personnel came to the premises on 30.10.2008 to demolish the portion of the premises in the process of road widening. Therefore, he apprehends demolition of the portion of the premises owned by him in road widening, without following due process of law. When the writ petition came up for admission, Sri S. Nageswara Reddy, learned Standing Counsel of Chirala Municipality received notice on behalf of respondents 2 and 3. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for respondents 2 and 3. The factual aspect of petitioner being the owner of the portion of premises bearing D.No.13-11-1 (2) is not in dispute. In that view of the matter, the writ petition is disposed of at the admissions stage directing respondents 2 and 3 to follow due process of law in the event of a part of the premises owned by the petitioner is required to demolish in road widening. _________________________ (B. Seshasayana Reddy, J.) 15th November, 2008 Note: Operative portion by wire at party’s costs (B.o) Js.