B.K Saraswathamma v. The South Cental Railways,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR Writ Petition No.2126 of 2011 Date: 22-09-2015 Between:

B.K. Saraswathamma .... Petitioner AND The South Central Railways, represented by Its Permanent Way Inspector (M.G.) Ananthapur and another .... Respondents HON'BLE SRI JUSTICE C. PRAVEEN KUMAR Writ Petition No.2126 of 2011 ORDER:

The present writ petition came to be filed questioning the action of the respondents in making markings on the wall of the petitioner residential house bearing D.No.4-75, admeasuring 276 square yards situated in Survey No.2041, First Road, New Town, Ananthapur with an intention of demolishing 25% of the petitioner house without prior notice as arbitrary and illegal. 2.

Though various grounds raised in the affidavit filed in support of the writ petition, the learned counsel for the petitioner restricts his request seeking a direction to the respondents not to initiate any action without following due process of law. He placed reliance on the judgment of this Court in W.P.No.33620 of 2010 dated 10-11-2011, wherein, in identical circumstances, this Court directed the respondents therein to follow due process of law under the Act, if the respondents decided to take further action. 3.

In view of the above, the writ petition is disposed of

directing the respondents to follow due process of law under the Act before taking any action against the petitioner, if the respondents decided to take further action in the matter. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ___________________ C. PRAVEEN KUMAR, J Date: 22-09-2015 Ksn