THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.8977 OF 2010 ORDER: Heard Sri A.S.C. Bose, Learned Counsel for the petitioner, Sri J. Kanakaiah, Learned Standing Counsel for Greater Hyderabad Municipal Corporation and, at their request, the Writ Petition is being disposed of at the stage of admission. The petitioner claims to be the owner of an extent of Ac.0.08 guntas (968 Sq. yards) in Sy. No.1479 of Kharkhana Gadda, Karimnagar and that the said land was assigned by the Government for the purpose of establishing a school. The petitioner would allege that the 2nd respondent had influenced the 1st respondent to lay a public road in the vacant site left by the petitioner after constructing the school. His contention is that the road cannot be laid without following the procedure prescribed under Section 146 of the Greater Hyderabad Municipal Corporation Act being complied. Reliance is placed on the judgments of this Court in Pilli Lakshmana Rao v. Executive Officer[1]; Manga Madhavilatha v. Rajahmundry Municipality[2] and P. Rama Murthy v. Municipal Corporation[3]. Sri J. Kanakaiah, Learned Standing Counsel for the Karimnagar Municipal Corporation, would submit that the petitioner is merely an assignee and that he is not entitled for protection under Sections 146 and 147 of the Greater Hyderabad Municipal Corporation Act, 1955. The fact, however, remains that the petitioner’s possession over the land in question is not in dispute and the 1st respondent can take action for laying a road only after the petitioner is dispossessed, from the land in question, in accordance with law. Leaving it open to the 1st respondent to initiate appropriate action to dispossess the petitioner from the land in question, after putting him on notice, and giving him an opportunity of being heard, the respondents are directed not to dispossess the petitioner till then. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. Date: 22.04.2010 ___________________________ RAMESH RANGANATHAN, J MRKR [1] 2000(5) ALT 246 [2] 2001(2) ALT 482 [3] 2003(5) ALD 326