IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12388 of 2009 Between: 1 Punnam Chand Bung S/o.Lakshminarayana Bung R/o.H.No.1-163 to 166 Mancherial Town, Adilabad District 2 Ghansham Das Bung S/o. Lakshminarayana Bung R/o.H.No.1-163 to 166 Mancherial Town Adilabad District .... PETITIONERS AND The Mancherial Municipality, rep.by its Commisisoner, Mancherial, Adilabad District ...RESPONDENT 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 an appropriate writ order or direction especially one in the nature of writ of mandamus declaring the action of the respondents in trying to lay a road through the site belonging to the petitioner situated in Sy.No.273 which is an extent of 715 sq. yds at Mancherial without acquiring the land and without notice and opportunity is illegal, arbitrary, malafide intentional and opposed to the principles of natural justice and consequently direct the respondent to act in accordance with law before laying the road in the interest of justice and pass all necessary orders for the said purpose. Counsel for the Petitioner: MR.K.V.BHANU PRASAD Counsel for the Respondent: MR.S.NAGESWARA REDDY The Court made the following: THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No : 12388 of 2009 ORDER: The petitioners herein claim to be the owners and possessors of a residential house in an extent of 715 square yards situated in Survey No.273 of Mancherial Town, Adilabad District. It is stated that the entire site upon which they have constructed the house is enclosed with a compound wall and some open place has been left behind the house for future development. It is alleged that the respondent- Municipality has been attempting to lay a road behind the petitioners’ house across the open space left by them and for the said purpose, the petitioners are sought to be dispossessed forcibly. Aggrieved by the said action of the respondent, the present writ petition is filed. I have heard the learned counsel for the petitioners and Sri S.Nageswara Reddy, learned Standing Counsel, who accepted notice for the respondent-Municipality. Though I am not inclined to express any opinion with regard to the title claimed by the petitioners, having regard to the specific plea that they are in possession of the property as on today, I am of the opinion that the respondent cannot lay any road nor any other activity can be taken up interfering with their possession without following due process of law. Accordingly, the writ petition is disposed of at the stage of admission with a direction to the respondent-Municipality not to interfere with the possession of the petitioners in respect of the land in question, without following the due process of law. No costs. ____________ G.ROHINI, J Dt.25-06-2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12388 of 2009 DATED : 25-06-2009