IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.242 of 2009 Between: 1 Mulinti Teegappa, S/o. Nagappa, R/o. 22-17, Lingayati Street, Atmakur Village and Mandal, Kurnool District. 2 Mulinti Yaganteeswarappa, S/o. Nagappa, R/o. 22-17, Lingayati Street, Atmakur Village and Mandal, Kurnool District. 3 Mulinti Sivasnakarappa, S/o. Nagappa, R/o. 22-17, Lingayati Street, Atmakur Village and Mandal, Kurnool District. 4 Mulinti Virupakshappa, S/o. Nagappa, R/o. 22-17, Lingayati Street, Atmakur Village and Mandal, Kurnool District. 5 Mulinti Nagamma, W/o. Nagappa, R/o. 22-17, Lingayati Street, Atmakur Village and Mandal, Kurnool District. 6 Shaik Abdul Saleem, S/o. Shaik Hussain Saheb, D.No. 19-15/2, Santa Market, Atmakur Village and Mandal, Kurnool District. 7 Musalimadugu MOhiddin Saheb, S/o. Masum Saheb, R/o. D.No. 19-17, Ner Santa Market, Atmakur Village and Mandal, Kurnool District. 8 Valmiki Saradamma, W/o. Venkataswamy, D.No. 2-48/27/B, Atmakur Village and Mandal, Kurnool District. 9 Shaik Mahaboob Basha, S/o. Basheer Miah, R/o. D.No. 1-71/1/C, K.G. Road, Atmakur Village and Mandal, Kurnool District. 10 Puvvadi Srinivasulu, S/o. P. Seshaiah, R/o. Krishnapuram Village, Atmakur Village and Mandal, Kurnool District. 11 Maniyar Ayube Ahamed, S/o. M. Abdul Jabbar, R/o. D.No. 23-45, Teru Veedhi, Atmakur Village and Mandal, Kurnool District. 12 Bhyrapuram Shaik Nasimun, W/o. Late B.S. Murtujavalli, R/o. D.No. 22-43, Kothapeta Street, Atmakur Village and Mandal, Kurnool District. 13 Bhyarapuram Shaik Noor Ahmed, S/o. Yakub Hussain, R/o. D.No. 22-43, Kothapeta Street, Atmakur Village and Mandal, Kurnool District. 14 Sivapuram Yasin Bee, W/o. Abdul Rahiman, R/o. D.No. 1-72/6, K.G. Road, Atmakur Village and Mandal, Kurnool District. ..... PETITIONER(S) AND 1 The Assistant Executive Engineer, Roads and Buildings, Taluk Office Road, Atmakur Post, Kurnool District. 2 The Executive Engineer, Roads and Buildings, Bommala Satram Cross Road, Nandyal Post and Mandal, Kurnool 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 may be pleased to issue a Writ of Mandamus or any other appropriate Writ or order or direction holding that the action of the respondents in trying to demolish a portion of the rooms of the petitioners bearing D.Nos. 1-70/3, 1-70, 1-70/1, 1-70/2, 1-70/4 & 5, 17-107/6 & 8,17-110/2 & 2A, 17-107/5, 1- 71/1/B, 1-781/1/C, 1-72/2, 17-106/A to E, 17-98/3, 17-93/2, 1-72/6 and 7, 1-72/6/1 and 2, 1-72/5/2, 1-72/9 and 1-72/91/1 and 2 on Kurnool - Guntur road in Atmakur Town, Kurnool District as illegal, arbitrary, unreasonable and violative of Articles 300-A of Constitution of India. Counsel for the Petitioner:MR.K.SOMA KONDA REDDY Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.242 of 2009 ORDER: It is the case of the petitioners that they are the owners of various shops situated at Kurnool-Guntur road of Atmakur Town, Kurnool District, and carrying on the business in their respective shops. It is stated that for the purpose of widening of the road, the respondent authorities are taking steps to demolish the structures of their shops. Hence, the writ petition. I am of the opinion that if the Roads and Buildings Department or the Atmakur Gram Panchayat intends to widen the existing road and if the petitioners’ shops are required to be acquired in the road widening, the same shall be acquired by paying compensation to the petitioners either by following private negotiations or the provisions of the Land Acquisition Act, but the same cannot be interfered with without following the due process of law. However, it is made clear that if there exist any encroachments on the road margin, the same may be demolished. The writ petition is, accordingly, disposed of. No costs. ______________________ JUSTICE V. ESWARAIAH 12.01.2009 Note: Issue wire at party’s costs B/o Prv/ vv