IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND SEVEN :PRESENT: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8646 of 2007 Between: 1. V. Hanumath Subramanyam S/o Venkaiah 2. Kolluri Lakshmi Satyavathi W/o Venkata Ratnam 3. Kolluri Venkata Ratnam @ Ratnam 4. K. Radha Krishna Murthy S/o Kanakayya 5. Ch. Tayuru W/o Babu Rao 6. K. Veerayya S/o Subba Rao ..... Petitioner(s) AND 1. The State of Andhra pradesh rep. by its Secretary Roads and Buildings, Secretariat, Hyderabad. 2. The Chief Engineer ( R & B), Erramanzil, Hyderabad. 3. Executive Engineer, R & B Department Machilipatnam. 4. The Deputy Executive Engineer, National Highways, Machilipatnam, Krishna District. 5. The District Collector, Krishna District, Machilipatnam. 6. The Commissioner, Pedana Municipality, Pedana Krishna 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 issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents and their subordinates in finalizing the Road Widening programme of Main Roads i.e. Machilipaptnam- Gudivada Road, and Pedana - Bantumilli Road in Pedana Municipality, Krishna District. Without following due procedure and without acquiring the land under the Land Acquisition Act in Pedana Town, Krishna District is arbitrary, illegal unfair and against to the Section 172 (2) of A.P. Municipalities Act and violation of Articles 19 and 300-A of constitution of India and consequently direct the Respondents and their subordinates not to demolish the structures of the petitioners The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and made herein and upon hearing the arguments of SRI GUDISEVA NARASIMHA RAO Advocate for the Petitioner and G.P. for R & B for the Respondent NO. 1 to 4 and G.P. for Revenue for the Respondent No. 5 and Sri. S. Nageswara Reddy Advocate for the Respondent No. 6 the Court made the following ORDER Post this petition for admission along with W.P. No. 7523/07. There shall be interim direction to the respondents not to use the property of the petitioners for widening of road, except by initiating proceedings under the Land Acquisition Act. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Secretary, State of Andhra Pradesh Roads and Buildings, Secretariat, Hyderabad. 2. The Chief Engineer ( R & B), Erramanzil, Hyderabad. 3. Executive Engineer, R & B Department Machilipatnam. 4. The Deputy Executive Engineer, National Highways, Machilipatnam, Krishna District. 5. The District Collector, Krishna District, Machilipatnam. 6. The Commissioner, Pedana Municipality, Pedana Krishna District. ( 1 to 6 BY RPAD ) 7. 1 c.c. to SRI GUDISEVA NARASIMHA RAO ADVOCATE (OPUC ) 8. 2 C.C. TO G.P. , FOR R & B HIGH C OURT OF A.P. HYD (OUT)_ 9. 2 C.C. TO G.P. FOR REVENUE HIGH COURT OF A.P. HYD (OUT) 10. 1 c.c. To SRI. S. NAGESWARA REDDY ADVOCATE ( OPUC ) 11. 1 SPARE COPY. Ags AGS Drafted on 25-04-2007 HIGH COURT LNR J Dt: 24-04-2007 ORDER WP. NO. 8646 of 2007 INTERIM DIRECTION AGS Drafted on 25-04-2007 HIGH COURT LNR J Dt: 24-04-2007 ORDER WP. NO. 8646 of 2007 INTERIM DIRECTION