Dasari Venkateswara Rao v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 15068 of 2015 ORDER:

Heard learned counsel for the petitioners and the learned Standing Counsel for the 3rd respondent-Municipality.

2. This writ petition is filed by the petitioners apprehending demolition of their houses by the 3rd respondent for the alleged purpose of road widening. The petitioners state that due to ensuing Godavari Pushkaralu, the 3rd respondent wanted to widen the roads and he has been hurriedly taking action without following due process of law, even though they are owners of the property.

3. It is needless to state that if the State wants private property for any public purpose, it has to follow due process of law. It is the case of the petitioners that no notice was issued to them while interfering with their possession of the property held by them.

4. In the circumstances, the writ petition is disposed of directing the 3rd respondent to follow due process of law if the 3rd respondent wants any portion of the private land of the petitioners for public purpose. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________________ A. RAMALINGESWARA RAO, J 28th May, 2015 ksm