Dasireddy Anjamma, v. The Asst.Executive Engineer, Roads And Buildings

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.22067 OF 2017 O R D E R :

The case of the petitioners is that they are the owners of the House No.12-13, situated at Darsi/Addanki Road, Darsi, Prakasam District; that their father Saleem Venkateswara Reddy purchased one old house together with land in the year 1990 and after demolishing the old house constructed the new house; that the 4th respondent Gram Panchayat assigned the house number as 12-13; and that since then the petitioners have been paying the house tax regularly to the Gram Panchayat. Subsequently, after the death of their father they became the owners of the said house. While the matter stood thus, the staff and surveyor from the 1st respondent office came and earmarked inside the petitioners' building and directed the petitioners to demolish the building as they are going to widen the road and also laying the drainage through the road.

Then the petitioners informed the respondents that since the Government did not initiate any proceedings for acquisition of the land till date, they will not demolish their building. But, the staff of the 1st respondent threatened the petitioners stating that they will demolish the building with the assistance of police personnel and widen the road and also lay drainage lines. They also stated that if anybody tries to obstruct their work, the police will register the criminal case and arrest such persons. Aggrieved by the action of the respondents, present writ petition is filed. Heard learned counsel for the petitioners.

Learned Assistant Government Pleader for Roads and Buildings submits that they will follow due process of law before taking any action against the petitioners' building. In view of the above, the respondents are directed not to demolish the building of the petitioners, without following due process of law.

Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 05.07.2017 tk