HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6019 of 2010 31st March 2010 Between: Nagubandi Adilakshmi and others … PETITIONER(S) and The State of Andhra Pradesh, rep. by its Principal Secretary, Transport, Roads & Buildings, Secretariat, Hyderabad and others … RESPONDENT(S) HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6019 of 2010 ORDER: Heard Sri V.Srinivasa Rao, Learned counsel for the petitioners, and the Learned Government Pleader for Roads & Buildings. At their request the writ petition is being disposed of at the stage of admission. Questioning the action of the respondents in trying to demolish the petitioners house properties in Nos.21/157, 21/157A, 21/158, 21/152, 21/69 and 21/72A, Bose Bomma Center, Tiruvuru Village and Mandal, Krishna District, without following the due process of law, for the proposed road widening, the present writ petition is filed. The petitioners claim to be the absolute owners of the aforementioned properties and to be paying property tax to the Gram Panchayat regularly. It is their case that respondents 3 and 4 had proposed to widen the R & B road from Vijayawada to Bhadrachalam from the existing 40 feet to 100 feet and in that process, they were taking measurements of the affected area and marking it upto a depth of 5 to 15 feet inside their premises showing it as the affected area for the proposed road widening. The petitioners would contend that, since they did not consent for demolition of their properties, the respondents could not proceed with demolition of their structures for the purpose of road widening without acquiring those properties in accordance with the provisions of the Land Acquisition Act. The learned Government Pleader for Roads and Buildings, on instructions, would submit that the petitioners were encroachers and that they had no valid title over these land which belonged to the Government. He would, however, submit that the respondents would put the petitioners on notice, give them an opportunity of being heard and thereafter take steps to evict them following the procedure established by law. In view of the submission now made by the Learned Government Pleader, the Writ Petition is disposed of directing the respondents not to demolish the properties in question except after putting the petitioners on notice, giving them an opportunity of being heard and, thereafter, take action in accordance with the procedure established by the law. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN,J 31st March 2010 CVRK