IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28633 of 2008 Between: G. Satyanarayana S/o. Late G. Rajaiah R/o. H.No. 1-24, Prabhath Nagar, Chaitanyapuri, Dilsukhnagar, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation Tank Bund Road, Hyderabad, Rep. by its Commissioner. 2 Greater Hyderabad Municipal Corporation L.B. Nagar Municipality Ranga Reddy District, Rep. by its Deputy Commissioner. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ or writs order or direction declaring the action of the respondents in seeking to lay drainage pipe lines through the lands of the petitioner bearing Plot No. 15 admeasuring 178 sq. yds in SY.No. 38,39,41,42 & 43 and Plot No. 107 admeasuring 450 sq. yards situated at Byramalguda Village, Saroornagar Mandal, Ranga Reddy District , as otherwise than in due process of law, as illegal, arbitrary without jurisdiction violative of principles of natural justice and violative of Art. 300-A of the Constitution of India and to consequently direct the respondents herein not to lay drainage pipe lines through the above lands of the petitioner, Award costs and pass such other or further order or orders Counsel for the Petitioner:MR.K.RAGHUVEER REDDY Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER: It is the case of the petitioner that he is the absolute owner and possessor of plot No.15 admeasuring 178 square yards in survey Nos. 38,39,41,42 & 43 situated at Byramalguda Village, Saroornagar Mandal, Ranga Reddy District. Apart from that, he also purchased plot No. 107 admeasuring 450 sq.yards, abutting plot No.15. In the first week of August, 2008, when the officials of the 2nd respondent tried to lay drainage pipes through his plots, he made a representation, on 4.8.2008, to the respondent-authorities, but no steps have been taken. Again on 26.12.2008, the officials of the 2nd respondent made preparations to lay drainage pipelines, for which he protested. The grievance of the petitioner is that no notice has been issued nor any enquiry is conducted before resorting to illegal action, and straightaway, the respondents are seeking to enter into his property without acquiring the same under the provisions of the Land Acquisition Act, 1894 or without obtaining any sanction as contemplated under the provisions of the Hyderabad Municipal Corporation Act. Having heard the learned counsel for the petitioner and the learned Standing Counsel for Greater Hyderabad Municipal Corporation, this Court is of the view that this writ petition can be disposed of, at the admission stage, with a direction to the respondents not to dispossess the petitioner from out of the lands in question, without following due process of law. Accordingly, the writ petition is disposed of. No costs. _________ 31-12-2008 rkk THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA W.P.No. 28633 of 2008 OPERATIVE PORTIOIN OF THE ORDER Accordingly, this writ petition is disposed of with a direction to the respondents not to dispossess the petitioner from out of the lands in question without following due process of law. No costs. __________ 30-12-2008 Note: Issue wire at party’s costs. After dispatch copy of the order, The bundle may be sent to CM Section. (B.O) Rkk