IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14593 of 2008 Between: 1 D.Paradesh Rao S/o.late Appa Rao R/o.D.No.58-1-252, Dadi Complex, NAD Kotha Road, Main Road, Ganesh Nagar, Visakhapatnam, Visakhapatnam District. 2 Syed Muzeer @ Khader Basha S/o.Syed Hafeez R/o.H.No.58-1-258/1, NAD Kotha Road, Main Road, Ganesh Nagar, Visakhapatnam, Visakhapatnam District. 3 Kandi Ramu Naidu S/o.late Appanna R/o.H.No.58-1-257, NAD Kotha Road, Main Road, Ganesh Nagar, Visakhapatnam, Visakhapatnam District. 4 Yerra Chinnam Naidu S/o.Y.Sanyasi R/o.H.No.58-1-255, Naidu Complex, NAD Kotha Road, Main Road, Ganesh Nagar, Visakhapatnam. 5 Adari Satyanarayana S/o.late Narasimha Swamy R/o.H.No.58-1-253, A.S. Complex, NAD Kotha Road, Main Road, Ganesh Nagar, Visakhapatnam. 6 S.Rajasekhar S/o.Peri Naidu R/o.H.No.58-1-252, M Complex, NAD Kotha Road, Main Road, Ganesh Nagar, Visakhapatnam. 7 P.Venkatanarayana S/o.late P.Venkataiah Chowdary R/o.H.No.58-1-415, NAD Kotha Road, Main Road, Ganesh Nagar, Visakhapatnam. ..... PETITIONER(S) AND 1 The Government of A.P. rep. by its Secretary, Municipal Administration Department, Secretariat, Hyderabad. 2 The Greater Municipality of Visakhapatnam, rep. by its Commissioner. 3 The Executive Engineer, Water Supply Department, Greater Municipality of Visakhapatnam, Visakhapatnam District. .....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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondents in initiating proceedings for demolishing the part of the house of the petitioners bearing H.Nos.58-1-25, 58-1-258/1, 58-1-257, 58- 1-255, 58-1-253 and 58-1-252, NAD Kotha Road, Main Road, Ganesh Nagar, Visakhapatnam, Visakhapatnam District and further action in marking portion for demolishing as highly illegal, arbitrary and violative of Art. 14 of the Constitution of India and consequently direct the respondents not to demolish the house of the petitioners and also to consider the representation made by the petitioners dated 20.2.2008 and pass such other order or orders in the interest of justice. Counsel for the Petitioner:MR.EATHAKOTA VENKATA RAO Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 14593 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners who are seven in number assailing the action of the respondents in encroaching on their house sites for lying pipe line without following due process of law. 2. P. Venkatanarayana who is 7th petitioner has sworn to the affidavit filed in support of the petition. It is stated in the writ petition that in the year 1992 part of the house sites owned by the petitioners has been acquired for lying N.H.5 roads and so also part of the house sites on the northern side. However, while lying the road the respondents without touching the area acquired on the northern side, they are encroaching on the land of the petitioners apart from the site acquired while lying pipe line. They submitted representations to the Municipal Commissioner, Greater Visakhapatnam Municipal Corporation-1st Respondent detailing their grievances. Their representations remained unattended. Hence, this writ petition. 3. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondents. 4. Learned counsel appearing for the petitioners submits that the pipe are being laid beyond the acquired portion of sites and the petitioners submitted representation which remained unattended by the respondents. 5. In that view of the matter, I deem it appropriate to dispose of the writ petition directing the 2nd Respondent to consider their representation before lying pipes in the sites owned by the petitioners and pass appropriate orders. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 8th July, 2008. Note: C.C. in two days, B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 14593 OF 2008 8th July, 2008.