THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT APPEAL NOs.1052 AND 1049 OF 2004 COMMON JUDGMENT: (Per the Hon’ble Sri Justice B.Prakash Rao) Aggrieved by the order dated 25.10.2002 in Writ Petition No.35515 of 1997, the sixth respondent therein, the Nellore Municipality, filed W.A.No.1052 of 2004 and respondents 1 to 5 therein, Government, filed W.A.No.1049 of 2004. Hence, they are taken up together for disposal. Writ Petition No.35515 of 1997 is filed under Article 226 of the Constitution of India, inter alia, assailing the correctness of G.O.Rt.No.802 Municipal Administration & Urban Development Department dated 08.10.1997 issued by the first respondent therein and also for certain other consequential directions. Briefly stated, the first respondent in W.P.No.35515 of 1997 has passed resolution No.1219 dated 28.06.1996, as per proceedings of the Municipal Commissioner, Nellore, in ROC.No.G1/14151/86 dated 21.07.1996 and accordingly, the property of the writ petitioner was sought to be acquired for the purpose of laying bridge type road. Thereafter, in order to provide land in lieu of compensation, certain exercises were made and ultimately, it was narrowed down to three pieces, out of which, the Government approved one piece by issuing the impugned G.O.Rt.No.802 dated 08.10.1997. The said G.O.Rt.No.802 has been under challenge in the Writ Petition. After contest by both the parties, the learned Single Judge allowed the Writ Petition and set aside the said G.O.Rt.No.802 on the ground that the parties had no notice nor they were given an opportunity before any action was decided and approved. Hence, the present appeals. Having considered the submissions made and on perusal of the material available on record and in view of the developments, which have been taken place in the present acquisition proceedings, the learned Single Judge remanded the matter to be pursued once again, since there was no opportunity or notice to the parties, who are really, not only concerned but also aggrieved. Further, they are entitled to compensation or compensation in lieu, which is mandatory under Article 300-A of the Constitution of India. In the circumstances, there being no justification or any finding as such on merits either way and when the matter is to be considered afresh by providing opportunity to the parties, this Court would not find any reason to interdict with the same nor any valid reason has been made out by both the appellants to warrant any interference. Hence, we do not find any merits in both the appeals. Accordingly, both the Writ Appeals are dismissed. It is needless to reiterate that the appellants in both the Writ Appeals shall complete the entire exercise within a period of four {4} months from today. No costs. _________________ (B.PRAKASH RAO, J) ________________ (R.KANTHA RAO, J) 18th February 2010 RRB