IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SUNDAY, THE TWELFTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26855 of 2008 Between: 1 C.Venkateswara RAo S/o.Venkataramaiah Resident of Flat No.14/A, Road No.2 Jubilee Hills,Hyderabad 2 Dr.C.Satya D/o.C.V.Rao Resident of Flat No.14/A,Road No.2 Jubilee Hills,Hyderabad ..... PETITIONER(S) AND 1 Greater Hyderabad Municipal Corporation, Hyderabad rep.by its Commissioner 2 Chief City Planner, Greater Hyderabad Municipal Corporation, Hyderabad 3 The Assistant Commissioner, Circle V Greater Hyderabad Municipal Corporation, Hyderabad .....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 order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent in entering upon marking an proposing to lay road in the private property of the petitioners situated at premises No.8-3-948 and 949,Panjagutta,Hyderabad for the purpose of laying the road connecting Ameerpet and Srinagar colony, contrary to Article 300-A of the Constitution of India as arbitrary, illegal, contrary to the principles of natural justice and without jurisdiction Counsel for the Petitioner:MR.K.RAGHAVA CHARYULU Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in proposing to lay road in the petitioners’ property situated at premises bearing Nos.8-3-948 and 949, Panjagutta, Hyderabad. The petitioners assert that they are the absolute owners and possessors of the property bearing Municipal Nos.8-3-948 and 949 along with the open land situated at Panjagutta, Hyderabad, having purchased it from one Sharooq Aliuddin and others. They gave an undertaking on 3.11.1997 to surrender an extent of 2816 square yards of land to the Municipal Corporation of Hyderabad for the purpose of road widening, and accordingly, surrendered the land. Now, the petitioners’ grievance is that the respondents-authorities, without utilizing the surrendered land for the purpose of road widening, are trying to lay road in the adjacent land, which is the petitioners’ property. Heard the learned counsel for both the parties and perused the material placed on record. The learned standing counsel for Greater Hyderabad Municipal Corporation has submitted that the authorities are not proposing to lay road in any other area than the surrendered land as per the undertaking dated 3.11.1997 given by the petitioners. If, any further extent of land is proposed to be acquired for the purpose of laying road, definitely it would be acquired only after following the due process under law. In the light of the submission made by the learned standing counsel, this writ petition is disposed of at the admission stage with a direction to the respondents-authorities to restrict their laying of road only to an extent of 2816 sq. yards of land which was surrendered by the petitioners by way of their undertaking dated 3.11.1997, and if, for any reason, the respondents propose to acquire a further extent of land for the purpose of laying road, they may to do so only after following the due process under law. No costs. _______________ 10.12.2008 bcj