IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 15452 of 2005 Between: 1 Adabala Narayana Murthy, S/o. a. nageswara Rao, R/o. 48-11-38, Sainagar, Visakhapatnam. 2 Adabala Panduranga Rao, S/o. A. nageswara Rao, R/o. 48-11-38, Sainagar, Visakhapatnam. ..... PETITIONER(S) AND 1 the Municipal Corporation, Visakhapatnam, rep. by its Commissioner, Visakhapatnam,. 2 The City Planner, Municipal Corporation of Visakhapatnam, Visakhapatnam. .....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 an order direction or a writ more particualrly one in the nature of writ of Mandmaus declaring the action of the respondents in trying to demolish the structures situated in D.No.30-13-16 of Allipuram, Madava Road of Dhaba Gardens, Visakhapatnam without following due process of law and illegal and void and pass. Counsel for the Petitioner:MRSM.SOBHA KRISHNA Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) HON’BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NO. 15452 OF 2005 ORAL ORDER: Petitioners in this Writ Petition seek to issue a Writ of Mandamus declaring the action of the respondents in trying to demolish the structures situated in D.No. 30-13-16 of Allipuram, Madava Raod of Dhaba Gardens, Visakhapatnam without due process of law. This Court while admitting the Writ Petition granted interim direction not to interfere with the construction, if it is in accordance with the sanction plan pending disposal of the Writ Petition. In view of the above, it is always open for the respondents to issue notice calling upon them to remove the unauthorized structures, encroachments and if they fail to do so by submitting any appropriate explanation, it is open for the respondents to demolish the illegal and unauthorized structures. However, without following due process of law, it may not be just and proper to demolish the structures. Having regard to the facts and circumstances, Writ Petition is disposed of directing the respondents to take appropriate action by following due process of law before demolishing the structures. No order as to costs. ____________________ V. ESWARAIAH, J Date: 25.03.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 the Municipal Corporation, Visakhapatnam, rep. by its Commissioner, Visakhapatnam,. 2 The City Planner, Municipal Corporation of Visakhapatnam, Visakhapatnam. 3. 2CCs to G.P. for Municipal Administration, High Court of A.P. , Hyderabad. 4. 2CD copies