THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.15116 of 2004 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the first respondent in canceling the allotment of alternate site to the petitioner admeasuring 50 sq.yards covered by Survey No.38 situated at Housing Board Colony, Medchal village and mandal, Ranga Reddy district by impugned proceedings in Roc.No.A4/388/2004 dated 6.8.2004 and declaring the action of the respondents 2 and 3 in demolishing the structures raised by the petitioner on the subject land without issuing any notice and without following due process of law as arbitrary and illegal and consequently direct the respondents to pay adequate compensation to the petitioner. It appears, petitioner is the absolute owner and possessor of House bearing No.3-17 admeasuring 350 sq.yards situated at Indira Nagar Colony, Medchal, Ranga Reddy district. According to the petitioner, respondents have acquired the said property for the purpose of road widening and allotted alternate site of 50 sq.yards in Survey No.38 at Housing Board Colony, Medchal village and mandal, Ranga Reddy district. The said allotment was made in pursuance of the resolution passed by the Gram Panchayat on 7.2.2004. Thereafter, petitioner had applied permission for construction of house in the above alternate site by paying the requisite fee. According to the petitioner, after obtaining permission, he has constructed the house, but to his surprise, vide impugned proceedings Roc.No.A4/388/2004 dated 6.8.2004, first respondent cancelled the said allotment of alternate land and further directed the third respondent to take appropriate action in pursuance of such cancellation. Thereafter, respondents 2 and 3 have demolished the structures raised by the petitioner on the alternate site. Hence this writ petition. The learned counsel for petitioner strenuously contended that the impugned order passed is in gross violation of principles of natural justice. No notice of any kind was issued to the petitioner before passing the impugned order. Apart from this, the respondents failed to notice that in lieu of 350 sq.yards of land and the house existed thereon, petitioner was allotted with only 50 sq.yards of land. In the affidavit filed in support of the writ petition, petitioner has categorically asserted that he was not issued with any notice before passing the impugned order and that the respondents have violated principles of natural justice. This averment is not disputed in the counter filed by the respondents. Be that as it may, the first respondent instead of calling for a report from the third respondent and the resolution passed by the Gram Panchayat and without verifying as to whether 350 sq.yards of land along with house bearing No.3-17 situated at Indira Nagar Colony, Medchal, Ranga Reddy district was surrendered by the petitioner to the Gram Panchayat for the purpose of road widening, has passed the impugned order as if petitioner has illegally encroached upon the Government land. I am of the opinion that the first respondent ought not to have passed the impugned order suo moto canceling the allotment of 50 sq.yards without issuing any notice and without conducting any enquiry into the matter. Under those circumstances, I am of the view that the impugned order suffers from gross violation of principles of natural justice and as such, the same is liable to be set aside. In the result, the writ petition is allowed and the impugned order dated 6.8.2004 passed by first respondent is set aside. No order as to costs. _____________ C.V.RAMULU, J Date: 17.7.2009 DA THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.15116 of 2004 17.7.2009