IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12267 of 2007 Between: 1 Bonagiri Srinivas S/o.Jaghanatham Owner of Shop No. 1-6-114, Jawahar Road, Jagital, Karimnagar District. 2 Kotagiri Chandra Shekar S/o.Narayana Owner of Shop No.4-1-195, Jawahar Road, Jagital, Karimnagar District. 3 Gampa Vinay Kumar S/o.Rameshwar Owner of Shop No.1-6-100, Jawahar Road, Jagital, Karimnagar District. 4 Rachakonda Ramachandram S/o.Laxmi Rajam Owner of Shop No.1-4-139, Jawahar Road, Jagital, Karimnagar District. 5 Gattu Vaman S/o.Narayana Owner of House No.1-4-237, 238, Jawahar Road, Jagital, Karimnagar District. 6 Pakala Laxmi W/o.Ganga Ram R/o.H.No.1-4-250, Jawahar Road, Jagital, Karimnagar District. 7 Gampa Laxmi W/o.Rameshwar R/o.2-2-252, Jawahar Road, Jagital, Karimnagar District. 8 Avasi Rajawshwar @ Raju S/o.Anandam R/o.H.No.1-6-114/2, Jawahar Road, Jagital, Karimnagar District. 9 Smt.Jidge Vijaya W/o. Kishan Owner of Shop No. 1-4-232, Jawahar Road, Jagital, Karimnagar District. 10 Gampa Venkat Ramulu S/o.Hanmandulu Owner of Shop No. 1-6-99, Jawahar Road, Jagital, Karimnagar District. 11 Gampa Vishweshwar S/o.Hanmandulu Owner of Shop No. 1-6-101, Jawahar Road, Jagital, Karimnagar District. ..... PETITIONER(S) AND 1 The Chief Engineer, National Highway & Surface Transport (R&B) Opp: Medinova Hospital, Somajiguda, Hyderabad. 2 The Superintending Engineer, Roads & Buildings, Public Works Department, Karimnagar. 3 The District Collector, Karimnagar. 4 The Municipality, Jagtial rep. by its Commissioner Office, of Municipality, Jagtial, Karimnagar 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 to issue an order, direction or writ more in the nature of writ of mandamus declaring the action of the respondents 1 & 2 intending to demolish the houses of the petitioners existing on Jawahar Road, in Jagtial Town Proper, Karimnagar District without acquiring the property under the provisions of Land Acquisition Act and paying compensation thereof in the process of widening of existing Jawahar Road, Jagital Town Proper in Karimnagar District, i.e., from New Bus Stand circle to the House of Ashalu's former Chairman Municipality, Jagital to 100' wide road is as bad, illegal arbitrary apart from the same being opposed to principles of natural justice and violation of Articles 14, 19 21 of constitution of India and to set aside the same or be pleased to pass such other order or orders. Counsel for the Petitioner:MR.VENKAT REDDY DONTHI REDDY Counsel for the Respondent No.: MR.RADHA KRISHNA POLISETTY (SC FOR MPL) The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION NO.12267 OF 2007 ORAL ORDER: The main grievance of the petitioners in this writ petition is that the respondents, without following the due process of law and without paying the compensation, are trying to demolish the houses, shops and structures of the petitioners existing on either side of Yawar Road, in Jagitial Town Proper, Karimnagar District, in the process of widening of existing Yawar Road, in Jagitial Town Proper, Karimnagar District, i.e. from New Bus Stand Circle to the house of Puppala Ashalu, Former Chairman, Municipality, Jagitial, to 130’ wide road. The respondents ﬁled their counter aﬃdavit. Reiterating the counter averments, the learned Government Pleader for R&B submitted that till date no bye-pass road is sanctioned and that the respondents have not initiated any proceedings nor is there any sanction for widening of the road in question and the writ petition is a premature one. He further submitted that the maintenance and widening of the roads would be done by the National Highway Authority and the norms of the Ministry of Road Transport and Highways have to be scrupulously followed, and in any event if any, property is sought to be acquired, the same would be acquired as per the provisions of the National Highways Act, 1956. In view of the said submission made by the learned Government Pleader for R&B that so far the respondents have not initiated any proceedings nor is there any sanction for widening of the road in question, and in case if any property of the petitioners is sought to be acquired, the same would be acquired after following the due process of law, as per the provisions of the National Highways Act, 1956, no orders need be passed in this writ petition. Accordingly, the writ petition is closed. No costs. _____________ N.V.RAMANA,J DATE: 05.08.2008 VGSR