IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23506 of 2006 Between: Peddamile Manikya Reddy, s/o late P.Manga Reddy,m r/o H.No.1-122, Ramachandrapuram Village & Mandal, Medak District. ..... PETITIONER AND 1. The Ramachandrapuram Municipality, Ramachandrapuram, Medak District represented by its Municipal Commissioner. 2. The Commissioner, The Greater Hyderabad Municipal Corporation, Hyderabad. 3. The Deputy Commissioner, Circle V, Ramachandrapuram, Greater Hyderabad Municipal Corporation, Hyderabad. (Respondents 2 and 3 are impleaded as per orders of this Court in WPMP.No.18914 of 2008, dated 31.07.2008) .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ or order or direction more in the nature of writ of mandamus to declare the action of the respondent in trying to lay the road through the land of the petitioner in Survey No.8/A within the limits of Ramachandrapuram Municipality, without acquiring the land as per law as arbitrary, illegal and consequently direct the respondent not to lay the road through house plots of the petitioner without acquiring the land and without due process of law in the interest of justice. Counsel for the Petitioner :MR.A.BHASKARA CHARY Counsel for Respondent No.1: Counsel for Respondent Nos.2 and 3: Smt.Kalpana Ekbote, S.C. for Greater Hyderabad Municipal Corporation. The Court made the following : THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.23506 of 2006 ORDER: This writ petition has been filed by Sri Peddamile Manikya Reddy assailing the action of the respondents in trying to lay the road through his land in Survey No.8/A of Ramachandrapuram Town without following the due process of law. 2. The petitioner is the owner and possessor of the land admeasuring 26 guntas in Sy.No.8/A of Ramachandrapurm Town. His father obtained a sanctioned layout from the Grampanchayath on 20.02.1970. Out of 26 guntas, as per layout, an extent of 771.5 sq. yards is set apart for internal roads. He made an application to the Grampanchayat for construction of house in plot No.14 admeasuring 240 sq.yards. The Grampanchayath sanctioned plan for construction of house. Later, in the year 2005, Ramachandrapuram Grampanchayath came to be upgraded as Municipality. The respondents are trying to lay the road on the land owned by the petitioner without following due process of law. Since the respondents are contemplating to lay the road on the site owned by the petitioner without putting him on notice, he approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, learned Standing Counsel for Municipality, Medak District, received notice on behalf of respondent No.1-Municipality and the learned Standing Counsel for the Greater Hyderabad Municipal Corporation, Hyderabad, received notice on behalf of respondent Nos.2 and 3. 4. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. 5. Learned counsel appearing for the petitioner contends that the petitioner was not put on notice with regard to any proposal of laying road on the land owned by him and, therefore, the respondent is directed to follow the due procedure, in the event of the land possessed by the petitioner is required for laying road. 6. In that view of the matter, the writ petition is disposed of directing the respondent to follow the due process of law, in the event of the site owned by the petitioner is required for laying road. _______________________ (B.SESHASAYANA REDDY,J) 31st July, 2008 Note: Furnish CC in two days B/o v v