HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

ORDER:

This Writ Petition is filed to issue of writ of Mandamus declaring the action of respondent Nos.2 and 3 in trying to demolish the petitioners’ respective houses situated opposite to I.B. Guest House, CVRN Road, Karimnagar, without any notice, as illegal, arbitrary and in violation of Articles 14, 21 and 300-A of Constitution of India.

2. Heard Sri K.Srinivas, learned counsel for the petitioners and Sri K.Siddharth Reddy, learned Standing Counsel for respondent Nos.2 and 3.

3. Learned counsel for the petitioners submitted that the petitioners purchased their respective houses under registered sale deeds and have been in possession and enjoyment of the same; that the municipal authorities granted permission for mutation of their names and that the petitioners have been paying property tax regularly. While so, in the year 1997, when the respondent authorities tried to demolish part of the subject premises, without any notice, aggrieved thereby, the petitioners filed Writ Petition No.28455 of 1997 and the erstwhile High Court of A.P. vide order dated 11.02.1998 disposed of the said Writ Petition directing the authorities concerned to follow the due procedure contemplated under law before taking any action of eviction, dispossession or demolition of the respective houses of the petitioners. Learned counsel further submitted that in utter disobedience of the said order, the respondents again came to the subject houses of the petitioners on 12.12.2014 for demolition, without issuing prior notice as contemplated under Section 452-A of GHMC Act, and aggrieved by the same, the present Writ Petition is filed.

4. Learned Standing Counsel for respondent Nos.2 and 3, on instructions, submitted that respondent Nos.2 and 3 would follow due procedure as contemplated under law, in case the petitioners houses are affected in the road widening project.

5. Considering the submissions made by the learned counsel for the petitioner as well as learned Standing Counsel for respondent Nos.2 and 3, this Writ Petition is disposed of with a direction to respondent Nos.2 and 3 not to interfere with the possession and enjoyment of the petitioners in respect of subject houses, except in accordance with law. It is made clear that this Order will not preclude the respondents-Corporation from acquiring the petitioners’ houses, if the same are required for the purpose of road widening, by duly following the procedure as contemplated under law.

6. Miscellaneous petitions pending, if any, shall stand closed.

No costs ___________________________________

LAXMI NARAYANA ALISHETTY, J DATE: 13.11.2025 Dr