IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25500 of 2000 Between: … Petitioner And … Respondents Counsel for the petitioners: Sri P.Sridhar Reddy. Counsel for respondents: Assistant Government Pleader for Assignments This Court made the following: ORDER: This Writ Petition is ﬁled for a Writ of Mandamus to declare the action of the respondents in seeking to demolish the buildings of the petitioners situated in plot Nos. in Survey as illegal, arbitrary and unconstitutional. As a sequel to an order passed by the Upa- Lokayukta of Andhra Pradesh on 22-6-2000, the respondents have taken up the task of clearing the road margins along the National High Way No.5 between K.Ms.166 and 167. The grievance of the petitioners is that though they have not occupied the road margin, in the guise of removing the encroachments, the respondents started demolition of the structures raised by the petitioners on the lands, which were either assigned to them or to their predecessors in interest. In the counter-affidavit filed by the incharge Mandal Revenue Oﬃcer, Nellore, it is, inter alia, averred that following the order passed by the Upa-Lokayukta of Andhra Pradesh, the boundaries of survey No.2039 between K.M Nos.166/0 to 167/0 along National High Way No.5 M.C. road was measured by the Mandal Surveyor, Nellore, under the supervision of Deputy Inspector and Assistant Director, Survey and Land Records, Nellore, and identiﬁed 53 encroachments on either side of the road in the said survey number and prepared a sketch. Respondent No.3 also enclosed the said sketch as Annexure-I and stated that all the petitioners are also found to have encroached the road margins. He had given the extents which were allegedly encroached by the petitioners. Sri P.Sridhar Reddy, learned counsel for the petitioners submitted that the respondents have not given any notice and have unilaterally come to the conclusion that the petitioners encroached into the road margin. It is stated that the action of the respondents in seeking to demolish the structures without notice is illegal and in violation of the principles of natural justice. It hardly needs any emphasize that the respondents are entitled to keep the National High Way free from encroachments. But, at the same time, in the guise of removal of encroachments, they shall not aﬀect the private properties. Unless proper notices are given to the petitioners and their objections are considered, it is not legally permissible for the respondents to demolish the structures raised by the petitioners. Therefore, the Writ Petition is disposed of with the following directions: 1) that respondent No.3 shall issue notices to the petitioners or their successors in interest in occupation of the properties, which are proposed to be demolished. 2) that the petitioners are at liberty to ﬁle their objections to the said notices; 3) that after considering the objections, if any, ﬁled by the petitioners, if the respondents come to a conclusion that the petitioners are in occupation of road margins and have raised constructions therein, a reasoned order that eﬀect shall be passed by respondent No.3 and communicated to the petitioners before undertaking any action to remove the alleged encroachments. ----------------------- ----------------- C.V.NAGARJUNA REDDY, J Date: 01-09-2008 MNR