IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.21169 of 2003 Between : 1 The Superintendent of Post Offices, Adilabad Division, Adilabad Distirct. 2 The Head Post Master, Mancherial, Head Post Office, Mancherial, Adilabad District. ..... PETITIONERS AND 1 The Commissioner, Mancherial Muncipality, Mancherial, Adilabad District. 2 The Director of Town and Country Planning, A.P. A.C. Guards, Hyderabad. 3 The District Collector, Adilabad, Adilabad Distirct. .....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 an order or direction more in the nature of Writ of Mandamus declaring the action of the respondents in demolishing the compound wall and further proposing to demolish the Head Post Office situated at premises No. 4-550, Near Railway Station Mancherial, without giving any statutory demolition notice as per the A.P. Municipalities Act, 1965 is illegal, arbitrary, contrary to principles of natural justice and unconstitutional apart from being contrary to the provisions of the A.P. Municipalities Act and the rules made thereunder, by holding that the 1st respondent-municipality cannot demolish any portion of the building of the Head Post Office including the Compound Wall, without acquiring the same under the due process of law by paying adequate compensation, or providing an alternative equivalent site to the petitioner before taking up the road as to be undertaken ;by the Municipality in pursuance of the approved master plan. Counsel for the Petitioners : MR.A.RAJASEKHAR REDDY Counsel for the Respondents : MR.S.NAGESWARA REDDY The Court made the following : ORDER : This writ petition is filed by the Superintendent of Post Offices, Adilabad Division, and Head Postmaster of Head Post Office, Mancherial, seeking a writ of mandamus, declaring the action of respondents in demolishing the compound wall of the post office, and further proposing to demolish the head post office building, situated at premises No.4-550, near Railway Station, Mancherial, as illegal, arbitrary and contrary to provisions of the A.P. Municipalities Act, 1965, and Rules made thereunder. 2. There is an existing building, where the office of the Superintendent of Post Offices, Adilabad division, is located in Mancherial town on the 40 feet wide road near the railway station. As per the master plan prepared for development of Mancherial town under the provisions of the Town Planning Act, 1920, the existing road in front of the post office, was to be widened. In this writ petition, it is the grievance of the petitioners that for the purpose of road widening, the compound wall of the post office building is demolished without issuing any prior notice and without giving any opportunity to them, and that further steps are being taken to demolish the main building, so as to bring it in alignment with the proposed road to be widened, as per the notified master plan. It is also stated that if the alignment is modified marginally, there is no need to demolish the post office building, and that inspite of making representations, no steps have been taken for modification of the master plan. 3. Counter affidavits are filed by the Commissioner, Mancherial Municipality and also the Director of Town and Country Planning. 4. In the counter affidavit filed by the Director of Town and Country Planning, it is stated that as per the approved master plan, the existing post office building at Mancherial, is coming in the way of 40 feet road, and that the same was constructed in 1982 without permission, in the alignment of 40 feet wide master plan road. 5. In the counter affidavit filed by the Commissioner of Mancherial Municipality, while stating that the said area, where the office of the petitioners is located, is required for the purpose of road widening, it is stated that the Municipal Counsel, in its resolution No.283, dated 17.01.2000, requested the District Collector, Adilabad, to allot an alternative site of 1000 square yards at Naka building premises in Mancherial Municipal limits, so as to offer the same for the purpose of locating the building of the petitioners. It is further stated that there was a long- standing demand from the public for widening the road, and there was a relay-hunger strike by the residents of Mancherial to widen the road, as much as the said road is nearer to the railway station. Further, in the counter affidavit, it is stated that the Municipality will widen the master plan road, after the post office is shifted to the proposed site, for which, a request is made for allotment. 6. So far as change of alignment is concerned, it is not for the petitioners to seek modification of alignment in the master plan, more particularly, when the same is approved, after notifying the draft plan as per the provisions of the Town Planning Act, 1920. At the same time, if the premises of petitioners’ building is required for any public purposes, it can be acquired as per the provisions of Land Acquisition Act or it can be taken possession with the consent of the petitioners. As it is not the case of respondents that the petitioners have given any consent to part with the land, no steps could have been taken for either demolishing the compound wall or any part of the building. Further, as much as it is stated that there is a Counsel’s resolution requesting the District Collector to allot alternative site of 1000 square yards in Naka building premises and the same is pending consideration, and further, in view of the counter affidavit filed by the Commissioner of Municipality that further steps will be taken only after shifting of post office, I dispose of the writ petition, directing the respondents not to take any steps for demolition of the building, unless the alternative site proposed, is accepted by the petitioners. Further, it is also made clear that if the proposed site is not accepted by the petitioners, it is open for the respondents to take steps for notifying the required land and structures under the provisions of the Land Acquisition Act, and take further steps accordingly. 7. Subject to above directions, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 17th July 2009 ajr