P.Laxmana Rao, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 15086 of 2015 ORDER:

Heard learned counsel for the petitioners and the learned Counsel for the respondents.

2. This writ petition is filed challenging the action of the respondents in demolishing and dispossessing the petitioners from their residential houses bearing Door Nos.8-106, 10-66, 10-71, 8-166, 8-153 respectively, situated at Achanta Vemavaram Village, Achanta Mandal, West Godavari District, without following due process of law.

3. The petitioners' claim that they are the absolute owners and possessors of the above property. While so, on 23.05.2015, the respondents 6 to 8 partly demolished their houses without issuing any notice or following due process of law.

4. It is well settled law that if the part of any property belonging to the private persons is required by the Government or any authority, they have to follow due process of law and without following the said procedure they should not interfere with the right of the private parties over their property.

5. In the circumstances, the writ petition is disposed of directing the respondents to follow due process of law if they want any part of the property of the petitioners for public purpose. Till the respondents follow due process of law, the possession of the property of the petitioners shall not be interfered. No order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________________ A. RAMALINGESWARA RAO, J 28th May, 2015 tk/dv