IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.11599 of 2007 Between: 1 Sarabu Venkata Subbamma W/. Subba Ramaiah R/o.B-12-19-1, Bombay Road, Buchireddipalem, Nellore District. 2 Kakollu Bhagya Lakshmi D/o. Venkata Subbamma R/o.B-12-19-1, Bombay Road, Buchireddipalem, Nellore District. ..... PETITIONERS AND 1 The Government of A.P., Rep. by its Secretary, Roads & Buildings, Secretariat, Hyderabad. 2 The Divisional Engineer, Roads & Buildings, Kovvur, Nellore District. 3 The Junior Executive Engineer, Roads & Buildings, Kovvur, Nellore District. 4 The Mandal Revenue Officer, Buchireddypalem, Nellore 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 a writ, of Mandamus by issuing appropriate writ, or direction to the respondents to follow due process of law in seeking to demolish the building bearing NO. B12-19-1 situated at Mumbai Road, Buchireddipalem Nellore District and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioners:SRI R.BRIZ MOHAN SINGH Counsel for the Respondents: GP FOR ROADS & BUILDINGS The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.11599 of 2007 ORDER: Though the matter is appearing at interlocutory stage, the writ petition itself is being disposed of finally. The two petitioners are residents of Buchireddipalem, Nellore District. Statedly they are owners of residential house situated at Bombay Road bearing door No.B-12-19-1. They filed instant writ petition alleging that on 02.06.2007 the respondents visited the petitioners’ premises and tried to demolish the same on the ground that they are encroachments without following due process of law. In the counter affidavit filed by third respondent paragraphs 5 and 7 read as under. It is submitted that the allegation of the petitioners that these respondents have visited the petitioners building on 02.06.2007 orally informed to the petitioners that the building is sought to be demolished is absolutely false and is invented for the purpose of obtaining stay from this Hon’ble Court in one way or the other. It is submitted that in fact, these respondents have never visited the petitioners’ building and there is no demolition of the petitioners’ building at any point of time nor sought to be demolished without following the due process of law. It is submitted that the Government has sanctioned for construction of C.C. Road along with drains vide G.O.Ms.No.37, dt.22.08.2006 and in pursuance of the said sanction this office has addressed a letter to the 4th respondent to see that the encroachment made by the petitioners be removed and hand over the vacant position to this department. The writ petitioners, in anticipation that the 4th respondent would issue proceedings under the Land Encroachment Act, have filed the above writ petition. It is submitted that these respondents are not taking any action against the petitioners’ property without following due process of law. It is submitted that the road and the drains would be done only after following due process of law. The writ petition is filed on mere apprehension and there is no cause of action and the same is liable to be dismissed in limini. Though counter affidavit is filed along W.V.M.P.No.2585 of 2008 on 13.08.2008, no reply affidavit is filed. Thus counter averments stand unrebutted. Be that as it is it goes without saying that if the petitioners’ encroachments, if any, are to be removed the respondents have to follow due process of law. With the above observations, the writ petition is disposed of. No costs. _____________ (V.V.S.RAO, J) 10th December, 2008 GHN To 1 The Government of A.P., Rep. by its Secretary, Roads & Buildings, Secretariat, Hyderabad. 2 The Divisional Engineer, Roads & Buildings, Kovvur, Nellore District. 3 The Junior Executive Engineer, Roads & Buildings, Kovvur, Nellore District. 4 The Mandal Revenue Officer, Buchireddypalem, Nellore District. 5 2CCs to G.P for Roads and Buildings, High Court of A.P., Hyderabad. 6 2CD copies Form-NIC-OGS/WP{VSMI}