IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 306 of 2002 BETWEEN: 1 K. Hemalatha, W/o. K. Lakshma Reddy, R/o. Amberpet, Hyderabad. 2 B. Vinod Reddy, S/o. B. Mohan Reddy, R/o. Amberpet, Hyderabad. 3 K. Vishwa Rani W/o. K. Surender Reddy, R/o. Barkathpura, Hyderabad. 4 A. Buchiramulu, S/o. Varadaiah, R/o. Bagh Amberpet, Hyderabad. ... PETITIONERS AND 1 Municipal Corporation of Hyderabad, Rep. through its Commissioner, Lower Tank Bund Road, Hyderabad. 2 The Asst. City Town Planner, Municipal Corporation of Hyderabad, Circle III, Abids, Hyderabad. 3 The Executive Engineer, Municipal Corporation of Hyderabad, Circle -III, Abids, 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 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 deviating the alignment for the proposed 60 ft wide road running from West to East towards southern side of Layout Permit from West to East towards southern side of Layout Permit No. 153/65 in Sy. Nos. 562 & 563 of Bagh Amberpet, Hyderabad, and the further action of the Respondents in seeking to deprive part of the residential house sites of the petitioners for the purpose of proposed road, s otherwise than in due process of law, as illegal, arbitrary and without jurisdiction; Award costs and pass such other order or orders. Counsel for the Petitioners: MR.K.RAGHUVEER REDDY Counsel for the Respondents: MR. R. RAMACHANDRA REDDY SC FOR MUN. CORP. The Court made the following: ORDER: Petitioners submit that the respondents have threatened to demolish their residential houses and to deprive part of their residential house sites for the purpose of road widening without issuing any notice and without paying any compensation. They further submit that they are the owners of the house sites forming part of Sy.Nos.562 & 563 of Bagh Amberpet, Hyderabad. 2. Having regard to the facts and circumstances of the case, if any portion of the land of the petitioners is required for the purpose of road widening, it is always open to the respondents to follow due process of law and lay the road but without following due process of the law the petitioners cannot be deprived of any portion of their property. The writ petition is accordingly disposed of directing the respondents not to dispossess the petitioners or deprive them of any portion of their house sites without following due process of law. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 10, 2008 DSK