IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 9170 of 2005 Between: Smt. K.V.S.S. Surya Kumar, W/o. Sri Srinivas Varma, R/o. 1-43-5, Seetharampuram, Tuni, East Godavari District. ..... PETITIONER AND 1 The Municipal Council, Rep. by its Commissioner, Tuni Municipality, Tuni, East Godavari District. 2 The Special Officer, Municipal Council, Tuni Municipality, Tuni, East Godavari District. 3 The District Collector, East Godavari Dsitrict at Kakinada. .....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 pass appropriate order,d irection or Writ, more particularly, in the nature of Writof Mandamus declaring the action of the respondents in seeking to demolish the Buddy No. 43 near Market Main Road (Opposite M.G. Complex), Feeder Raod Junction, Tuni, as illegal and arbitrary and issue consequential direction directing respondents not to demolish the same 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 Petitioner:MR.J.PRABHAKAR Counsel for the Respondents: MR.S.NAGESWARA REDDY The Court made the following : ORDER: The writ petition is disposed of in terms of the interim order dated 21.04.2005 passed by this Court in W.P.M.P.No.12057 of 2005 directing the respondents not to demolish the premises in question without following due process of law. However, if the petitioner is an encroacher and any portion of the land is required for the public purpose, it is open to the respondents to initiate action against him by following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:14.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}