IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.19491 of 2002 Between: 1 Md.Khaja Moinuddin S/o.Mohd.Khaja R/o.Plot Nos.54 and 55, Vanasthalipuram, Hyderabad. 2 Smt.Julekha Begum W/o.Mohd.Khaja Moinuddin R/o.Plot Nos.54 and 55, Vanasthalipuram, Hyderabad. ..... PETITIONER(S) AND 1 The Lal Bahadur Nagar Municipality Rep.by its Commissioner L.B.Nagar, R.R.District. 2 Sri Ganesh Nagar Welfare Society Rep.by its Secretary Satyanarayana Shastry Saheb Nagar, Khurd Village, Hyderabad East Taluka, R.R.Dist. .....RESPONDENT(S) 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 to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in laying the Drainage pipeline through the pettioners land in Survey No.15, situated at Saheb Nagar, Khurd Village, Hyderabad East Taluka, R.R.Dist, as illegal, arbitray, without jurisidiction and in flagrant violativion of principles of natural justice, and to pass Counsel for the Petitioner:MR.MIRZA IMAMULLA BEIG Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.19491 of 2002 ORDER: None appears for either side. No counter is filed. Petitioners seek to issue a Writ of Mandamus declaring the action of the respondents in laying drainage pipeline through the land of the petitioners in Sy.No.15 situated at Saheb Nagar, Khurd Village, Hyderabad East Taluk, Ranga Reddy District as illegal and arbitrary. This court while admitting the writ petition on 04-10-2002, directed the 1st respondent not to lay drainage pipeline through the land of the petitioners. But, however, it is open for the respondents to lay pipeline duly acquiring the affected land. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to lay drainage pipeline through the land of the petitioners without following due process of law. There shall be no order as to costs. ___________ 18-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KMR}