IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13692 of 2008 Between: 1 Vaddadi Lakshmi, W/o. Late Venkateswara Rao R/o.45-12-65, Relly Street, Thadi Thota, Ward No.33, Rajahmundry Urban, East Godavari District. 2 Sangireddy Pothuraju S/o. Late Pedda Lakshmayya R/o.45-12-64, Ashoknagar, Thadi Thota, Ward No.33, Rajahmundry Urban, East Godavari District. 3 Nimmakayala Venkateswarlu S/o. Apparao R/o.45-22-1, Bradipet, Thadi Thota, Ward No.33, Rajahmundry Urban, East Godavari District. 4 Danala Krupavathi D/o. Late Veerappanna & W/o. Late Venkat Rao, R/o.45-22-2, Ashoknagar, Thadi Thota, Ward No.33, Rajahmundry Urban, East Godavari District. ..... PETITIONER(S) AND 1 The Municipal Corporation of Rajahmundry, rep. by its Commissioner, Rajahmundry, East Godavari District. 2 The Director, Town and Country Planning of Andhra Pradesh, Hyderabad. 3 The District Collector, East Godavari District, Kakinada, E.G. District. 4 The Mandal Revenue Officer, (Tahsildar) Rajahmundry Urban, Rajahmundry, E.G. 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 order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents in interfering with the peaceful possession of the Petitioners huts / houses, without any Notice & without due process of Law as illegal, arbitrary, unconstitutional, against the principles of Natural Justice and violative of Articles 14, 21 and 300 'A' of Constitution of India and pass Counsel for the Petitioner:MR.P.S.P.SURESH KUMAR Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 13692 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners who are four in number with a prayer to issue a writ of mandamus declaring the action of the Respondents in interfering with their peaceful possession and enjoyment in respect of the huts in their occupation as illegal, arbitrary and unconstitutional. 2. The petitioners claimed to have occupied certain extents in the Municipal Corporation Limits of Rajamundry. The Council passed resolution in the year 1988 resolving de-reservation of open space in layout area L.P.No. 83/52 for allotment of house sites to encroachers. Since the Municipal Corporation, Rajamundry-1st Respondent is contemplating to dispossess the petitioners without following due process of law, the petitioners approached this Court by invoking jurisdiction under Article 226 of the Constitution of India. 3. Heard learned counsel appearing for the petitioners and learned standing counsel appearing for the 1st Respondent. 4. Learned standing counsel appearing for the 1st respondents submits that the 1st respondent would follow the due process of law in case the petitioners are required to be evicted from the site in their occupation. 5. In that view of the matter, I deem it appropriate to dispose of the writ petition directing the 1st Respondent Corporation to follow due process of law, in case the petitioners are required to be evicted from the sites in their occupation. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 30th June, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 13692 OF 2008 30th June, 2008.