Shaik Bachha Saheb, S/O Tangella Saheb, v. State Of Andhra Pradesh

W.P.No.8740 of 2015 ORDER:

Heard Mrs.S.Nanda, learned counsel for the petitioner and the learned Government Pleader for Roads & Buildings for Respondents.

2. According to the petitioner, he is the absolute owner and possessor of House bearing No.1-77 situated at Ravela Street, Ravela Colony, Ravel village, Tadikonda mandal, Guntur district and he has been in possession and enjoyment of the said house for more than 25 years. It is alleged in the affidavit filed in support of the writ petition that on 26.3.2015 subordinates of the respondents herein visited the petitioner's premises and threatened that the petitioner's house will be demolished and pulled down under the road widening programme. It is stated in the affidavit that the petitioner herein did not receive any notice in this regard.

3. This Court, on 30.3.2015, granted interim direction in W.P.M.P.No.11535 of 2015, directing the respondents not to demolish the house of the petitioner bearing No.177, located in Ravela street, Ravela Colony, Ravela village of Tadikonda mandal, Guntur District and the said order was extended for a period of two weeks on 13.4.2015.

4. Today, when the matter is taken up, written instructions furnished by Executive Engineer (R&B) Division, Guntur have been made available by the learned Government Pleader. In the said instructions, it is stated by the Executive Engineer that the allegation made by the petitioner in the writ petition that the respondents are threatening to demolish the structures of the petitioner is absolutely false and invented for the purpose of his convenience in one way or other to enjoy the R & B land. It is further stated that the respondents never made any attempt to demolish the shed of the petitioner as alleged by the petitioner. It is also alleged that if the

Department intends to demolish the shed of the petitioner, necessary procedure of law will be followed and then only the demolition will be taken up.

5. In view of the above instructions furnished by the 4th respondent, the Writ Petition is disposed of, directing the respondents herein not to demolish the house of the petitioner bearing No.1-77 situated at Ravela Street, Ravela Colony, Ravela village, Tadikonda mandal, Guntur district without following due process of law. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

______________ A.V.SESHA SAI, J Date: 22.4.2015 DA

W.P.No.8740 of 2015 22.4.2015 `DA W.P.No.8740 of 2015 Date: 22.4.2015 Between:

Shaik Bachha Saheb ... Petitioner and State of A.P., rep. by its Principal Secretary, Roads & Buildings Department, Secretariat, Hyderabad & others.

... Respondents