THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1830 of 2000 Date: 30.01.2008 Between: Ganjikunta Ramamurthy … Petitioners AND The Govt. of A.P., Rep by Secretary, PWD and R&B Department, Hyderabad. & otherd. … Respondents Counsel for the petitioner: Smt.B.Malleshwari Counsel for respondent No.4 : Sri S.I.Newton, Standing Counsel HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1830 of 2000 ORDER:- This writ petition is filed for a writ of mandamus to declare action of the respondents in seeking to demolish the houses and buildings comprised in survey No.28-A, Part-I of Dharmavaram Municipality of Ananthapur district as illegal. Heard Smt.B.Malleshwari, learned counsel for the petitioner and Sri S.I.Newton, learned Standing Counsel for Dharmavaram Municipality – respondent no.4. The sole grievance of the petitioner in this writ petition is that respondent No.4 – Municipality is seeking to interfere with the possession and threatening to demolish the structures raised by them on an extent of Ac.10.33 cents of land situated in survey No.28-A, Part-I of Dharmavaram Municipality without notice and following the procedure prescribed under the Andhra Pradesh Municipalities Act, 1965 (for short “the Act”) A perusal of the counter affidavit filed by the Commissioner, Dharamavaram Municipality – Respondent No.4 does not show that before seeking to take action against the alleged illegal layout, the petitioner was given any notice. The law is well settled that if the State or its instrumentalities propose to take any action which results in adverse civil consequences, they are bound to issue notice to the persons who are likely to be affected. (See State of Orissa vs. Binapani Devi[1], A.K.Kraipak and Others vs. Union of India[2], Maneka Gandhi vs. Union of India[3].) In view of the fact that no such notice is given, I am inclined to allow this writ petition without going into the merits of the case. However, this does not preclude respondent No.4 from initiating proceedings under the provisions of the Act by following due process of law. Subject to the above observation, the writ petition is allowed. ___________________________ C.V.NAGARJUNA REDDY,J Date:29.01.2008 mdaa [1] AIR 1967 SC 1269 [2] 1969(2) SCC 262 [3] (1978) 1 SCC 248