JUDGMENT: - The petitioners, five in number, belonging to Scheduled Tribe, filed the above petition praying to issue a Writ of mandamus declaring the action of the respondents in threatening to demolish their houses bearing Door Nos - 7 - 13 - 1224, 7 - 11 - 505, 7 - 11 - 321, 7 - 13 - 28 and 7 - 11 - 319 respectively, situated in Yerukalawada, Ashok Nagar, Bodhan Road, Nizamabad, without following due process of law, as illegal, arbitrary and violative of Principles of Natural Justice and violative of Article 300 - A of the Constitution.

2. The deponent to the affidavit - 4th petitioner states that all the petitioners belong to Scheduled Tribe and since they had no house sites, the third respondent after following due process of law and subject to their eligibility, granted patta of the house sites in respect of Plot Nos.441, 449, 447 and 448 each measuring 44, 66, 98, 99 and 66 Sq. yards, respectively, vide proceedings bearing No.B4/3670/93 dated 2.6.1994 and they have raised pucca houses in their plots which were allotted the above door Nos. by the first respondent and they have been residing in the said houses with families paying property tax, for the last ten years. It is further stated that they were allotted power connections. It is further stated that they have left over 5' in front of their houses for the purpose of laying drainage pipeline and it was laid and is in existence.

3. It is stated that on 14.7.2005, the subordinates of first respondent Municipality went to the petitioners houses and attempted to demolish the rear portion of their respective houses under the guise of laying another drainage pipelines on another side of the petitioners' houses without any notice, but on resistance by the petitioners, they left stating that they will come back for demolition. Thus filed the present writ petition.

4. When this writ petition was listed for admission, on 18 - 7 - 2005, this Court, while directing the learned Government Pleader for Revenue to verify the allegations of the petitioners, directed the respondents therein to produce copy of the Master Plan and till such time the respondents were directed not to interfere with the petitioners' portion of houses and the matter stood adjourned to 25 - 7 - 2005, on which date it is represented by the learned Counsel for the petitioners that part of the houses of the petitioners were demolished by the officials of the respondent - Corporation, supporting which some photographs were filed. This allegation of the petitioners were controverted by the learned Standing Counsel for the respondents. Thus Ms. A. Vijayalakshmi, Advocate, came to be appointed as an Advocate - Commissioner to verify the true facts, conduct an enquiry after giving notice to both the parties, and to submit her report within two weeks.

5. In the meanwhile, the first respondent Corporation filed its counter admitting the averment that the petitioners belong to Scheduled Tribe and that they were allotted the land as stated by the petitioners, but stated that in front of the same there is D54 canal and on the back there is a storm water drain. It is also stated that the 5th petitioner is not the original pattedar and he being Government employee, is not entitled to patta. The aveqnent of the petitioners that they left over 5' open space in front of their houses and that the officials of the respondents threatened to demolish portion of their houses on 14 - 72005 is denied. It is averred that for half a century both D - 54 canal and the storm water are in existence in between the bund and the petitioners have encroached into the storm water drain and filled it up and erected temporary structures with a mala fide intention to grab the drain land also. It is submitted that the 2nd petitioner is in unauthorized occupation of 27 Sq. yards; the 4th petitioner is in unauthorized occupation of 34 Sq. yards, and the 5th petitioner is in unauthorized occupation of 34

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