K. Kalavathamma, v. The State Of Andhra Pradesh Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.35370 of 2017 O R D E R:

This writ petition is filed under Article 226 of the Constitution of India, praying for the following relief:

"to issue a Writ or Order or direction more particularly in the nature of Writ of Mandamus, declaring the proposed action of the respondents in demolishing the houses / properties of the petitioners bearing D.No.28-221, D.No.22-128, respectively, situated at Gandhi Bazar, Anantapur District without due process of law is as illegal, null and void and violative of Articles 19 and 21 of Constitution of India and violative of principles of natural justice and for a consequential order directing the respondents to drop all further proceedings in this regard". 2.

The petitioner herein claims to be the absolute owner and possessor of building bearing D.No.28-221, D.No.22-128 respectively situated at Gandhi Bazar, Anantapur District. It is further averred in the writ affidavit that the said building is used for both commercial and residential purpose for the last several decades and that there is no dispute with regard to title, possession and enjoyment over the schedule property. It is further averred in the writ affidavit that the Respondent authorities are trying to demolish the subject property for road widening purpose without following due process of law. In the above background, the present writ petition is filed.

3.

Heard the learned counsel for the petitioners, the learned Government Pleader for Respondents 1 to 4 and Sri Md.Saleem, learned Standing Counsel for Respondent No.5/Municipal Corporation.

4. Today, when the matter is taken up, it is submitted by the learned Government Pleader appearing for Respondents 1 to 4 and also the learned

Standing Counsel for Respondent No.5 that the Respondents would follow due process of law if any private properties including the property of the petitioners herein is required for public purpose. 5.

Recording the said statement, the writ petition is disposed of, directing the Respondents herein not to demolish the structures of the petitioner herein 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. As a sequel, the miscellaneous petitions, if any, shall stand disposed of. There shall be no order as to costs. ______________ A.V.SESHA SAI, J Date: 24.10.2017 grk

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.35370 of 2017 Dated: 24.10.2017 grk