HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.No.11909 of 2006 ORDER: Heard both the learned counsel. The petitioners, who are the residents of house bearing Nos.1- 102 to 1-107 in Thummala Gunta Village, Tirupati Rural, Chittoor District, have filed this Writ Petition to declare the action of the respondent viz., Thummala Gunta Gram Panchayat in partly demolishing their houses without following due process of law, as illegal. According to the petitioners, the aforesaid houses, which are situated in Sy.No.4 of Thummala Gunta Village, are their ancestral properties partitioned between the petitioners 1 to 3. A part of the said property is said to have been purchased by the 4th Petitioner from one of the brothers and constructed a pucca house in the year 1996. The petitioners complain that the Respondent undertook road widening in the village and in the process demolished some buildings in the neighborhood, including the compound wall of the 4th Petitioner. Apprehending that the respondent would demolish the houses high handedly, the petitioners have filed this Writ Petition. The respondent despite service of notice has not filed counter- affidavit. Be that as it may, there does not appear to be any dispute that the petitioners are in settled possession of the house bearing Dr.Nos.1-102 to 1-107 and residing there. If the respondent felt that the land is required for road widening, it could do so either by acquiring the land of the petitioners, if the said land is a private land and even if the land occupied by them is a Government land, only by following due process of law. It is well settled that even an encroacher cannot be dispossessed except by following due process of law. In the instant case, respondent has not taken any action as per law. In the circumstances, this Writ Petition is allowed directing the respondent not to demolish or dispossess the petitioners from the houses bearing Dr.Nos.1-102 to 1-107 of Thummala Gunta Village except by following due process of law. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 16th December, 2010. Skmr HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.No.11909 of 2006 Date : 16-12-2010 Between : N.Guruswamy Reddy and 3 Others .. Petitioners And Thummala Gunta Grama Panchayat, Tirupati Rural, Chittoor District, rep. by its Panchayat Secretary .. Respondents