HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.9223 of 2004 Date : 10.08.2009 Between : M. Khaisar Basha. …..Petitioner And The Kurnool Municipal Coporation, Kurnool, rep. by its Commissioner & 2 others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.9223 of 2004 ORDER : In this writ petition, it is the grievance of the petitioner that respondents are taking steps to lay a 14 feet wide road from the land of the petitioner, covered by Door No.53/51 A in Ward No.4 of Kurnool Municipal Corporation, without following due process of law. 2. At the stage of admission, on instructions, when it was submitted by the learned Standing Counsel for the 1st respondent-Municipal Corporation, that the road is being constructed by the Public Health Department, but not by the Municipal Corporation, the 3rd respondent herein was impleaded as party-respondent No.3 to this writ petition. Thereafter, by an order, dated 15.07.2004, this Court granted status quo. The said order is in force till today, and no counter affidavit is filed by any of the respondents. As much as it is stated that the petitioner is the owner and possessor of the land covered by Door No.53/51 A in Ward No.4 of Kurnool Municipal area, in the absence of any counter affidavit from any of the respondents denying the allegations of the petitioner, I deem it appropriate to dispose of the writ petition, directing the respondents not to lay any road from the land of the petitioner without following due process of law. It is also made clear that if the land of the petitioner is required for any public purpose, namely, for constructing a road, this order will not preclude the respondents either to negotiate with the petitioner to take possession, or to acquire the land under the provisions of the Land Acquisition Act, 1894. 4. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 10th August 2009 ajr