IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1212 of 2003 Between : 1 K.T.Ravi Babu S/o K.Rajagopalacharyulu R/o 7-1-60.,Main Road, Narsapur, West Godavari District. 2 Smt.Kandalam Rama D/o K.T.Ravi Babu, R/o 7-5-28.,Y.N.College Road., Narsapur. Rep.by the GPA and mother Smt.K.Sathakeerthi W/o.K.T.Ravi Babu 3 Vinjamuri Janaki D/o K.T.Ravi Babu, R/o 7-5-28/1., Y.N.College Road, Narsapur, West Godavari District. 4 Kukkala Jagannadham K.Venkanna, R/o 7-1-59/2., Main Road, Narsapur. ..... PETITIONERS AND 1 The Narsapur Municipality rep.by its Commissioner, Narsapur, West Godavari District. 2 The Collector., West Godavari District. Eluru. 3 Revenue Divisional Officer., Narsapur.,West Godavari 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 Writ, order or direction in the nature of mandamus or otherwise declaring that the action of the respondents in threatening and proceeding to demolish or otherwise take over or acquire the petitioners houses or part thereof as shown in the schedule is arbitrary, illegal and ultravires the powers of the respondents and consequently direct the respondents to forbear from the same. SCHEDULE OF PROPERTIES 1.H.No.7-1-60, Main Road, Narasapur, West Godavari District belonging to KT Ravibabu 2.H.No.7-5-28, YN College Road., Narasapur, W.G.Dist, belonging to K.Rama 3.H.No.7-5- 28/2, YN College Road, Narsapur, W.G.Dist belonging to Vinjamuri Janaki. 4.H.No.7-1-59/2.,Main Road.,Narsapur, W.G.Dist.,belonging to Sri Kukkala Jagannadham. Counsel for the Petitioners : MR.MPAPA REDDY Counsel for the Respondents : GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER : In this writ petition, the petitioners are seeking directions by way of Mandamus, declaring the action of respondents in taking steps for demolishing their houses situated on the main road of Narsapur in West Godavari District, for the purpose of road-widening, as illegal. 2. Counter affidavit is filed by the Commissioner, Narsapur Municipality. Para 9 of the counter affidavit reads as under : “It is further submitted that the roads were already laid and this respondent has no intention to demolish the buildings of the petitioners at any time and now there is no need or necessity to demolish the properties of the petitioners or anybody as Pushkarams were completed and the roads were all formed with the available sites”. In view of the above statement, as has been made in the counter affidavit, it is requested by the learned counsel for petitioners, that the said statement may be recorded and the writ petition may be closed, as no further adjudication is necessary on merits. 3. Placing on record the statement of the 1st respondent/Municipal Commissioner that there is no intention on the part of the Municipality to demolish the houses of petitioners for the purpose of road widening, this writ petition is closed. No order as to costs. _____________________ R.SUBHASH REDDY, J 15th June 2009 ajr