IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO : 305 of 2009 Between: 1 Ch Rajaram S/o Brahmaiah H.No.11-92 TO 11-97 Mustabad VG Mustabad(M) Karimnagar District 2 P.Jalandhar S/o Brahmaiah H.No.11-98 TO 11-99 Mustabad VG Mustabad(M) Karimnagar District 3 Ch Bhagya Laxmi W/o. Eswaraiah H.No.8-81 Mustabad VG Mustabad(M) Karimnagar District 4 Ch Eswaraiah S/o. Bangaraiah H.No.8-81 Mustabad VG Mustabad(M) Karimnagar District 5 B.Mallesham S/o Balaiah H.No.10-79 Mustabad VG Mustabad(M) Karimnagar District 6 B.Ganesh S/o. Rajya Naik H.No.10-80Mustabad VG Mustabad(M) Karimnagar District 7 K.Kishtaiah S/o Balaiah H.No.10-81 Mustabad VG Mustabad(M) Karimnagar District 8 B.Bal Laxmi W/o. Jampaiah H.No.11-67 Mustabad VG Mustabad(M) Karimnagar District ..... PETITIONERS AND 1 The Government of Andhra Pradesh rep.by its Secretary Panchayat and Rural Development, Department Secretariat Hyderabad 2 The Government of Andhra Pradesh rep.by its Secretary Roads & Buildings Department, Secretariat,Hyderabad 3 The District Collector Karimnagar 4 The Superintending Engineer Roads & Buildings Karimnagar District 5 The Grampanchayat Mustabad(V) Mustabad(M) Karimnagar District Rep.by its Panchayat, Secretary 6 The Sarpanch Grampanchayat Mustabad(V) Mustabad(M) Karimnagar District .....RESPONDENTS 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 any appropriate writ order or direction more in the nature of writ of Mandamus directing the respondents neither to dispossess the petitioners from their properties ie houses and shop bearing Nos (1) 11-92 to 11-97(2) H.No.11-98 & 11-99 (3) H.No.12-2 and 12-3 (4) H.No.8-81 (5) H.No.10-79 (6) H.No.10-80 (7) H.No.10-81 and (8) H.No.11-67 respectively situated at Mustabad and (V) and (M) Karimnagar District nor undertaken any activity for widening of R&B Road leading from Siddipet to Kamareddy and also construction of any drainage canal by the Grampanchayat at Mustabad(V) and (M) Karimnagar District by demolishing the above mentioned houses and shops of the petitioners without following any due procedure under law duly declaring the action of the respondents with regard to the activities under taken by them without notice without their consent without following due procedure under Law i.e., without invoking the provisions of Land Acquisition Act of A.P Panchayat Raj Act 1994 as illegal arbitrary and violative of Articles 14 and 300-A of the constitution of India and also violative of Human Right. Counsel for the Petitioners: SRI V.RAVI KIRAN RAO Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO :305 of 2009 ORDER: This writ petition is filed seeking a direction to the respondents neither to dispossess the petitioners from their properties i.e., houses and shop bearing Nos (1) 11-92 to 11-97(2) H.No.11-98 & 11-99 (3) H.No.12-2 and 12-3 (4) H.No.8-81 (5) H.No.10-79 (6) H.No.10-80 (7) H.No.10-81 and (8) H.No.11-67 respectively situated at Mustabad (V) and (M) Karimnagar District nor undertake any activity for widening of R&B Road leading from Siddipet to Kamareddy and also construction of any drainage canal by the Grampanchayat at Mustabad(V) and (M) Karimnagar District by demolishing the above mentioned houses and shops of the petitioners without following any due procedure under law. The case of the petitioners is that they are the absolute owners and possessors of houses and shops bearing Nos (1) 11-92 to 11- 97(2) H.No.11-98 & 11-99 (3) H.No.12-2 and 12-3 (4) H.No.8-81 (5) H.No.10-79 (6) H.No.10-80 (7) H.No.10-81 and (8) H.No.11-67 respectively situated at Mustabad (V) and (M) Karimnagar District and they constructed the said houses and shops after obtaining valid permission from the Grampanchayat and now, the respondents proposed to lay a 100 feet road, for which, the petitioners raised objections and without considering their objections, the respondents passed a resolution dated 7.1.2009 to lay a 100 feet road and now, they are taking up the widening activity and if they are allowed to do so, the petitioners will be deprived of not only their shelters but also business establishments. Heard the learned Counsel and perused the material available on record. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the respondents are directed not to dispossess the petitioners or demolish their properties for the purpose of widening the road, without following due process of law. It is open for the respondents to take up the widening of the existing road by initiating legal recourse for payment of compensation in respect of the properties/lands. Accordingly, the writ petition is disposed of. No order as to costs. ____________________ Justice V. Eswaraiah Dated: 12.1.2009. NOTE: Communicate by wire at party’s costs (BO) Nn/rns. THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO : 305 of 2009 12.1.2009