IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7083 of 2008 Between: Thummapudi Srinivasulu S/o.Hanumantha Rao R/o.Pedda Bazar, Kandukur Town, Prakasam District. ..... PETITIONER AND 1 State of Andhra Pradesh, rep. by its Principal Secretary to Government, Municipal Administration and Urban Development Department, Secretariat, Saifabad, Hyderabad. 2 Kandukuru Municipality, rep. by its Commissioner, Kandukuru Town, Prakasam District. 3 Town Planning Surveyor, Kandukur Municipality, Kandukuru Town, Prakasam 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in insisting the petitioner to demolish the elevation and sunshade portion of his RCC building bearing Municipal Assessment Numbers 652 and 518, Door No. 18-4-42, situated adjoining Ollapalem-Vemulapadu road in Kandukuru Municipal Limits without issuing any notice and without following due process of law as illegal, irregular, arbitrary, violative of provisions of Andhra Pradesh Municipalities Act, 1965, rules framed there under and oﬀends articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondents not to demolish any portion of the petitioner said building and to pass such other order or orders. Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER This writ petition has been ﬁled by Thummapudi Srinivasulu assailing the action of Kandukuru Municipality-2nd respondent in insisting for demolition of elevation and sunshade portion of RCC building bearing Municipal assessment numbers 652 and 518, Door No.18-4-42, situated in Kandukuru Municipality. The petitioner is owner and possessor of RCC building situated in the site admeasuring 470-4/9 square yards comprising Sy.No.865/1A1A2A1, bearing Door No.18-4-42. The father of the petitioner purchased open site under a registered sale deed on 13.5.1968. He constructed a terraced building therein. After demise of his father, in partition the house came to be allotted to the shares of his mother and other brothers. They settled the said property in his favour under a registered settlement deed dated 4.11.2004. It is the grievance of the petitioner that 2nd and 3rd respondents are contemplating to demolish the elevation and sunshade portion without putting him on notice. When the writ petition came up for admission, Sri S.Nageswara Reddy, learned Standing counsel appearing for Kandukuru Municipality received notice on behalf of R2 and R3. The factual aspect of the petitioner being the owner of the premises bearing D.No.18-4-42 is not contradicted by the learned counsel appearing for R2 and R3. In that view of the matter, the writ petition is disposed of directing the 2nd and 3rd respondent to follow due process of law, in the event of elevation and sunshade portion of RCC building is required to be demolished for road widening. No costs. _________ 5-8-2008 rkk