IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 5498 of 2008 Between: 1 Yuddanapudi Venkataravamma W/o. Late Seetaramaiah R/o. 3-7-9, Rajarajeswaripuram, Ring Road, Guntur, rep. by her G.P.A. Holder Marepalli Padmavathi, W/o. Krishna, Housewife, R/o. D.No.4-3-87, 1/2 Line, Ramannapeta, Koratipadu, Guntur Town, Guntur Ditrict. 2 Marrepalli Padmavathi W/o. Krishna R/o. D.No.4-3-87, 1/2 Line, Ramannapeta, Koratipadu, Guntur Town, Guntur Ditrict. ..... PETITIONER(S) AND The Guntur Municipal Corporation, Guntur, Guntur District, rep. by its Commissioner. .....RESPONDENT 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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent in seeking to demolish the tiled house of the petitioners bearing Door No.3-7-9, Municipal Assessment No.2035 situated in Nallapdu Village, within the Guntur Municipal Corporation, Guntur, Guntur District, without invoking the provisions of the Land Acquisition Act as well as Hyderabad Municipal Corporation Act, 1955 as illegal, arbitrary, unjust and without jurisdiction and also offends Articles, 14, 21 and 300-A of the Constitution of India and consequently direct the respondent not to demolish the building of the petitioner, and pass Counsel for the Petitioner: MR.P.SRIDHAR REDDY Counsel for the Respondent: (SC FOR GMC)B.VENKATA RATNAM The Court made the following : W.P.NO. 5498 OF 2008 ORDER: The writ petition is filed on an apprehension that the respondent-Municipal Corporation would demolish part of the petitioners’ premises bearing door No. 3-7-9, Municipal Assessment No. 2035 in Nallapadu village, Guntur district without following the due process of law. This apprehension was due to markings made by the respondent-Municipal Corporation on the petitioners’ premises. On instructions, the learned standing counsel for respondent-Municipal Corporation Sri B. Venkata Ratnam states that the petitioners encroached into the municipal property and that lawful steps are being taken to remove the encroachments. He further states that the respondent-Municipal Corporation would not dispossess the petitioners or demolish any structures in the property without following the due process of law and by issuing a notice intimating the petitioners as to the action proposed to be taken. In the light of the submissions made by the learned standing counsel for the respondent-Municipal Corporation, the petitioners’ apprehension seems to have no basis. The writ petition is accordingly disposed of at the stage of admission recording the undertaking by the respondent-Municipal Corporation as to the following of the due process of law. ________________ KR 18.3.2008 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Guntur Municipal Corporation, Guntur, Guntur District, rep. by its Commissioner. 2.2CD copies Form-NIC-OGS/WP{MSN}