IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No: 24935 of 2008 BETWEEN: M/s. Team One Builders, A Partnership Co. (Hindu) Rep. by its Managing Partner, G. Basavaiah, Office:15, Santosh Colony, Mahendra Hills, Secunderabad. ... PETITIONER AND 1 The State of Andhra Pradesh Rep. by its Secretary Municipal Administration, Secretariat Buildings, Hyderabad. 2 The Deputy Commissioner Greater Hyderabad Municipality Circle - 11, Serilingampally, Hyderabad. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue an appropriate writ, order or direction, more particularly a Writ in the nature of Mandamus, declaring the action of the 2nd respondent in attempting to lay a road in the petitioner's land situated in Sy. No. 215, Kodapur Village, Serilingam Palli Mandal, Rajendranagar, Hyderabad, without issuing any notice and without following the due process of law as laid under the Land Acquisition Act, 1894 as being illegal, arbitrary and as being violative of principles of natural justice and fair play, besides Articles 14 and 300-A of the Constitution of India, and consequently direct the respondents not to obstruct in any manner the petitioner's construction activity in their land situated in Sy. No. 215, at Kodapur Village, Serilingam Palli Mandal, Rajendar Nagar, Hyderabad, without following the due process of law. Counsel for the Petitioner: MR.D.SESHADRI NAIDU Counsel for the Respondents: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following: ORDER: This writ petition has been filed M/s. Team One Builders, a partnership company managed by its Managing Partner, assailing the action of the second respondent in attempting to lay a rod in its land situated in Sy.No.215, Kondapur Village, Serilingampalli Mandal, Rajendranagar, Hyderabad, without following due process of law. 2. The petitioner owns a land in Sy.No.215, Kondapur Village Serilingampalli Mandal, Rajendranagar, Hyderabad. The land admeasuring Ac.2.07 guntas in Sy.No.215, Kondapur Village, has been purchased by the petitioner from one Sri P. Venkata Reddy and Sri S. Srihari, under a registered sale deed dated 09.10.2007 vide Document No.12630/2007. The petitioner entered into a registered Development Agreement-cum-General Power of Attorney dated 16.05.2008 with M/s. Pranav Avenues, Hyderabad, builders with a view to raise multi-storied residential-cum-commercial structures. The petitioner obtained necessary permissions and approvals from the civic authorities concerned including the second respondent. While so, the second respondent came over to the land of the petitioner on 10.11.2008 and tried to lay an approach road passing through the land of the petitioner. It is the contention of the petitioner that the second respondent has not issued any notice to it proposing to lay a road passing through its land. 3. When the matter came up for admission, Smt. Kalpana Ekbote, learned Standing Counsel for Greater Hyderabad Municipal Corporation took notice on behalf of the second respondent. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the second respondent. 4. The factual aspect of the petitioner being the owner of the land admeasuring Ac.2.07 guntas in Sy.No.215, Kondapur Village, is not in dispute. In case a road is required to be laid through the land owned by the petitioner, the second respondent has to follow the due procedure of law. 5. In that view of the matter, the writ petition is disposed of directing the second respondent to follow the due process of law in the event of a road being laid on the land owned by the petitioner. There shall be no order as to costs. ______________________ B. SESHASAYANA REDDY, J November 13, 2008 DSK