IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE TWELFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17420 of 2008 Between: Annam Satyanarayana S/o. Narasaiah R/o. D.No. 25-3-20, Siripurapuvari Veedhi, Seethannapet, Vijayawada-3 ..... PETITIONER AND 1 Municipal Corporation of Vijayawada Rep. by its Commissioner, Vijayawada, Krishna District. 2 The City Planning Officer, Municipal Corporation of Vijayawada Krishna District. 3 The Building Inspector, Municipal Corporation of Vijayawada Vijayawada, 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 to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in threatening to demolish the sheds in the petitioner's premises bearing D.No. 26-4-31, situated at Gnanoliv Street, Satyanarayanapuram Railway Station Road, Gandhi Nagar, Vijayawada without initiating the Land Acquisition proceedings and without issuisng any notice as illegal, arbitrary, contrary to the provisions of Section 147 of the H.M.C. Act and violative of Articles 14, 21 and 300-A of the Constitution of India and conseqently direct the respondents not to interfere with the possession and enjoyment of the petitioner and to pass Counsel for the Petitioner:KOLLU RAJASEKHAR Counsel for the Respondent No.: SMT.G.JHANSI W.P.NO : 18310 of 2008 Between: Smt.Annam Varalaxmi W/o.Satyanarayana R/o.D.No.25-3-20, Siripurapuvari Veedhi, Seethannapet, Vijayawada- 3. ..... PETITIONER AND 1 Municipal Corporation of Vijayawada, rep. by its Commissioner, Vijayawada, Krishna District. 2 The Town Planning Officer, Municipal Corporation of Vijayawada, Vijayawada, Krishna District. 3 The Building Inspector, Municipal Corporation of Vijayawada, Vijayawada, 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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the resposndents in threatening to demolish the sheds in the petitioner's premises bearing D.No. 26-4-31, situated in Municipal Ward No.18, Revenue Ward No.8, in N.T.S.No.720, vide Assessment No. 14817A (Old) correspondent to New No. 110621, at Gnanoliv Street, Satyanarayanapuram Railway Station Road, Gandhi Nagar, Vijayawada, Krishna District, without initiating the Land Acquisition proceedings and without issuing any notice, as illegal, arbitrary, contrary to the provisions of Section 147 of the H.M.C. ACt and violative of Articles 14, 21 and 300- A of the Constitution of India and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioner, and to pass such other order or orders. Counsel for the Petitioner:KOLLU RAJASEKHAR Counsel for the Respondent No.: SMT.G.JHANSI W.P.NO : 18460 of 2008 Between: Rallabandi Sulochana, W/o. Rallabandi Brahmaraju, R/o. D.No. 24-10-41, Bavajipet, Vijayawada, Krishna District. ..... PETITIONER AND 1 Municipal Corporation of Vijayawada, Rep. by its Commissioner, Vijayawada, Krishna District. 2 The Town Planning Officer, Municipal Corporation of Vijayawada, Vijayawada, Krishna District. 3 The Building Inspector, Municipal Corporation of Vijayawada, Vijayawada 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondnts in threatening to demolish the sheds in the Petitioners's premises bearing D.No. 26-4-31 situated in Municipal Ward No. 18, Revenue Ward NO.8, in N.T.S.No. l720, vide Assessment No. 14817A (Old) Correspondent to New No. 111155, at Gnanoliv Street, Satyanarayanapuram Railway Station Road, Gandhi Nagar, Vijayawada, Krishna District, without initiating the Land Acquisition Proceedings and without issuing any notice, as illegal, arbitrary, contrary to the provisions of Section 147 of the H.M.C. Act and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the possession and enjoyment of the Petitioner, and to pass Counsel for the Petitioner:KOLLU RAJASEKHAR Counsel for the Respondent No.: SMT.G.JHANSI The Court made the following : COMMON ORDER:- As the point involved in these three writ petitions is one and the same, they are taken up together for disposal by this common order. These writ petitions are filed seeking a mandamus to declare the action of the respondents in threatening to demolish the petitioners’ sheds located in premises bearing D.No.26-4-31 situated at Gnanoliv Street, Satyanarayanapuram Railway Station Road, Gandhi Nagar, Vijayawada, without issuing any notice and without following due process of law, as arbitrary and illegal. The petitioners assert that they are the absolute owners of the premises bearing D.No.26-4-31 admeasuring 12.15 sq. yards, 19.35 sq. yards and 19.23 sq. yards respectively situated in Municipal Ward No.18, Revenue Ward No.8, N.T.S.No.720, vide Assessment No.14817A at Gnanoliv Street, Satyanarayanapuram Railway Station Road, Gandhi Nagar, Vijayawada, Krishna District and have been in peaceful possession and enjoyment of the sheds erected by them in the premises. Now, the petitioners’ main grievance is that the respondents, without issuing any notice and without following due process under law are threatening to demolish their sheds. Heard the learned counsel on either side and perused the material placed on record. In the counter affidavit filed by the respondents, it is stated as follows: “It is further submitted that since the livelihood of the petitioners being affected in road widening, the 1st respondent-Corporation also proposed to provide a house unit to the petitioners under JNNURM Scheme, but the petitioners refused to accept the same.” Today, when this matter is taken up for hearing, Sri K.Rajasekhar, learned counsel for the petitioners, has stated that if the Corporation allots houses to the petitioners as admitted in the counter affidavit, the petitioners will have no objection. In the light of the submission made by the learned counsel for the petitioners, these writ petitions are disposed of with a direction to the 1st respondent-Municipal Corporation of Vijawayda to provide house units to the petitioners under JNNURM Scheme within a period of four weeks from the date of receipt of a copy of this order. Though it is contended by the learned counsel for the petitioners that the petitioners continue to be in possession of the shops in question, the learned standing counsel has stated in the counter affidavit that the sheds were already demolished and only in view of the Status Quo granted by this Court on 20.8.2008, no road could be laid. If really, the petitioners’ shops were already demolished and they are evicted from their sheds, the respondent-Corporation may proceed with the laying of the road as proposed, but under the guise of the said act, the petitioners shall not be deprived of their right and title over their sheds till allotment of house units under JNNURM Scheme. No costs. ______________ 04.12.2008 bcj