IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No. 5803 of 2001 Between: A. Raja Rao S/o Sree Ramulu R/o H.No.8-307, Vissannapeta Village and Mandal, Krishna District. ..... PETITIONER AND 1 The District Collector Machilipatnam, Krishna District. 2 The Mandal Revenue Officer Vissannapeta Mandal, Krishna District. 3 The Assistant Engineer, R & B, Vissannapeta Village & Mandal, Krishna 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 writ or direction preferably Writ of Mandamus declaring the action of the respondents and their subordinates in trying to demolish the building of the petitioner bearing No.8-307 situated at Vissannapeta Village & Mandal, Krishna District without notice and without following any procedure as illegal, arbitrary and violative of principle of natural justice and consequently direct the respondents not to demolish the building of the petitioner. Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION No. 5803 of 2001 ORDER: This writ petition is ﬁled on an apprehension that the respondents being the District Collector, Krishna District, the Mandal Revenue Oﬃcer, Vissannapeta Mandal and the Assistant Engineer, R&B, Vissannapeta Village and Mandal, Krishna District and their subordinates may resort to demolition of the building of the petitioner bearing No.8-307, situated at Vissannapeta Village and Mandal, Krishna District, without notice and without following the due procedure laid down by law. The aﬃdavit ﬁled in support of the writ petition reﬂects that the petitioner, being the owner of the subject house property, apprehended that his house may also be demolished on the ground of road widening. By order, dated 30.03.2001, this Court granted interim stay of the demolition of the petitioner’s house. While so, the respondents ﬁled their counter-aﬃdavit stating to the eﬀect that only the encroachments on the roads in the limits of Vissannapeta Mandal were sought to be cleared and in this regard the Mandal Surveyor, Vissannapeta, having conducted an enquiry, found that there was no encroachment on to the road in so far as the petitioner’s house bearing No. No.8- 307, situated at Vissannapeta Village and Mnadal is concerned. The respondents, therefore, stated that there is no question of demolition of the petitioner’s house, as they did not find any encroachment on to the public road. In the light of the averments made in the counter- aﬃdavit, it is clear that there was no cause of action for the petitioner to approach this Court by way of the present writ petition. Recording the submissions made in the counter- affidavit, the writ petition is dismissed. There shall be no order as to costs. _____________________ P.V.SANJAY KUMAR, J Date: 10.09.2008 va