IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 5122 of 2005 Between: 1 Turaka Venkayya, S/o.Sambhaiah, D.No.2-208/13 2 Kunchapu Chinna Dhanalu, S/o.Ramaiah, D.No.2/208/18 3 Kunchapu Venkaiah, S/o.Pedda Muthaiah, D.No.2-209/1 4 Vemula Venkateswarlu, S/o.Venkaiah, D.No.2-209/1 5 Vemula Eashwaramma, W/o.Late V.Nagaiah, D.No.2-213 6 Vemula Ramana, D/o.Dhanalu, D.No.2-216/5, 7 Bathula Bhadramma, W/o.Pichaiah, D.No.3-315, 8 Vemula Venkamma, W/o.Edukondalu, D.No.3-184, 9 Pakala Nageswaramma, W/o.Ramakrishna, D.No.3-184 10 Gunja Durga Rao, S/o.Venkataiah, D.No.2-215/3, 11 Bathula Lakshminarsu, S/o.Narasimham, D.No.2-281/1 12 Nimmasarthi Adimma, W/o.Venkateswarlu, D.No.2-217, (All R/o.Cheruvu Bazar, Jaggaiahpet, Krishna District.) ..... PETITIONERS AND 1 The Commissioner, Jaggaiahpet, Municipality, Krishna District. 2 The Dy.Executive Engineer, R&B Sub Division, Jaggaiahpet, Krishna 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 may be pleased to issue an appropriate writ order or direction especially one in the nature of writ of Mandamus declaring the action of the Respondents in seeking to lay a road over the petitioner's properties bearing House Nos. 2-208/13, 2- 208/18, 2-209/1, 2-2111, 2-213, 20216/5, 3-315, 3-184, 3-347, 2-215/3, 2-281/1 and 2-217 respectively, constructed in sy.No.500/1 situated at Cheruvu Bazar, Jaggaiahpet, Krishna District without acquiring the same and without following due procedure of law as being illegal, arbitrary and unconstitutional and consequently direct the respondents herein not interfere with or dispossess the petitioners or demolish their houses by laying a road or otherwise on the petitioner properties. Counsel for the Petitioner:MR.VINOD KUMAR DESHPANDE Counsel for the Respondent No.1: MR.S.NAGESWARA REDDY Counsel for the Respondent No.2: GP FOR R & B. The Court at the admission stage made the following : ORDER: Heard the learned counsel for the petitioner, the learned standing counsel appearing for the respondent No.1 and also the learned Government Pleader for R & B. The petitioners seek a Writ of Mandamus declaring the action of the respondents in seeking to lay a road over the petitioners’ properties bearing House Nos. 2-208/13, 2-208/18, 2-209/1, 2-2111, 2-213, 20216/5, 3-315, 3-184, 3-347, 2-215/3, 2-281/1 and 2-217 respectively, constructed in Sy.No.500/1 situated at Cheruvu Bazar, Jaggaiahpet, Krishna District without acquiring the same and without following due procedure of law as being illegal, arbitrary. It is represented by the learned counsel appearing for both parties that the issue involved in this writ petition is squarely covered by a decision of this Court in W.P. No. 21198 of 1997 and batch, dated 03.02.1998, wherein the Division Bench while considering an identical question, issued guidelines as under: 1. Where a property is required for public purpose viz., widening of roads or for any other purpose, the authorities straightaway cannot take law into their hands and jump into the premises, dispossess or evict the occupants or demolish the property. 2. If the authorities concerned want to take action for eviction/dispossession of the occupants or demolition, they shall issue 60 days’ prior notice notifying as to the nature of the property, the property to whom it belongs and the proposed action calling for explanation/objections if any from the occupants. On receipt of such objections, if there is any objection as to the ownership of the property, the authorities should determine the extent of encroachment of unauthorized occupation and also determine whether the property in question belongs to Government/any other local self Government or authority or the occupants and pass appropriate orders within three months from the date of receipt of the objections, after affording an opportunity of being heard to the occupants. 3. In case where demolition of private property has already been made, the authorities shall determine the damages on the basis of the assessment to be made by the Engineer of the Roads and Buildings Department and disburse the amount of damages quantified forthwith. 4. If the demolition is in respect of local bodies’ Government property, the question of damages does not arise. In such an event, the occupant shall be entitled to remove the material used for the construction. 5. In case of demolition of private property, the authorities concerned shall determine the loss caused to the occupants on the basis of the assessment to be made by the Engineer of R & B Department and on such assessment of damages, the concerned authorities shall take appropriate steps to disburse the amount quantified forthwith. 6. If there is any claim for grant/assessment of the property, the concerned authorities shall consider the same in accordance with law taking into consideration the eligibility and the entitlement of occupants, after making enquiry and till such claim is decided, there shall be status-quo obtaining as on today regarding the structures. The learned standing counsel appearing for the respondents does not dispute the above legal position. Accordingly, the writ petition is disposed of directing the respondents not to demolish the structures in question without following the guidelines issued by the Division Bench in the above writ petition. No costs. __________ 14-03-2005 To 1 The Commissioner, Jaggaiahpet, Municipality, Krishna District. 2 The Deputy Executive Engineer, R&B Sub Division, Jaggaiahpet, Krishna District. 3 Two CCs to the Government Pleader for Roads and Buildings, High Court Building, Hyderabad. (OUT). 4 Two C.D. copies. sj