IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15055 of 2007 Between: Kopparapu Yalmandaiah @ Koteswara Rao S/o.Kotaiah R/o.Kanigiri village and Mandal Prakasam District ..... PETITIONER AND 1 The Executive Engineer, Roads & Buildings, Kanigiri Prakasam District 2 The Deputy Executive Engineer, Roads & Buildings Kanigiri, Prakasam District 3 The Gram Panchayat, rep.by its Secretary,Kanigiri Gram Panchayat, Kanigiri,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 an appropriate writ order or direction more particularly a writ in the nature of mandamus declaring the action of the respondents in trying to demolish the permanent abodes situate on Prakasam Road of Kangiri Town bearing D.Nos.7-210 to 213 without issuing any notice or opportunity without following the due process of law as being illegal, arbitrary, and unjust and consequently direct the respondents not to dispossess us from our houses or demolish the same without following the due process of law. Counsel for the Petitioner: MRS.A.VARALAKSHMI Counsel for the Respondents 1&2: GP FOR ROADS & BUILDINGS Counsel fro Respondent NO.3 : Mr.M.Prabhakar Rao. The Court made the following : ORDER: This writ petition is filed by the petitioner challenging the action of the respondents in trying to demolish a part of his house bearing D.Nos.7-210 to 213 for the purpose of expansion of the existing road without any notice and following the due process of law. Heard the learned counsel for the petitioner, learned Government Pleader for Roads and Buildings and the learned standing counsel for the 3rd respondent – Gram Panchayat. This Court on 13.7.2007 while directing the writ petition to be posted along with Writ Petition No.12448 of 2007 directed the respondents not to demolish the structures belonging to the petitioner except by following the procedure prescribed by law. However, it was directed that if the structures are in the road margin, the respondents can proceed with the work by giving reasonable time to the petitioner to vacate. A counter affidavit is filed by the 3rd respondent – Gram Panchayat stating that the said road was in the control of the Gram Panchayat earlier and the government sanctioned Rs.40,00,000/- for the purpose of widening of the road in question and the said work was entrusted to respondents 1 and 2 but so far no steps were taken for widening the road and that respondents 1 and 2 will follow the due procedure of law for the purpose of road widening. In view of the above counter averments, if the respondents intend to take the lands of the writ petitioner they must follow the due process of law and till such time, status quo obtaining as on date shall be maintained. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J Dt.22.7.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Executive Engineer, Roads & Buildings, Kanigiri Prakasam District 2 The Deputy Executive Engineer, Roads & Buildings Kanigiri, Prakasam District 3 The Gram Panchayat, rep.by its Secretary,Kanigiri Gram Panchayat, Kanigiri,Prakasam District 4 2CCs to Govt.Pleader for R&B, High Court of A.P. Hyd. 5 2CD copies