IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 10749 of 2009 Between: 1 Medishetti Nagabhushanam S/o. Venkaiah H.No.10-71 & 10-72, Mustabad Vg., Mustabad(M) Karimnagar District 2 Gande Laxmaiah S/o. Rajesham H.No.10-70 Mustabad Vg., Mustabad(M) Karimnagar District 3 Katkam Tirupathi S/o. Ramulu H.No.10-76, Mustabad VG Mustabad(M) Karimnagar District 4 Gande Rajasekhar S/o. Late Gande Rajaiah H.No.10-77 Mustabad Vg., Mustabad(M) Karimnagar District 5 Dandeboina Srinivas S/o.Late Balnarsaiah H.No.10-65 Mustabad Vg., Mustabad(M) Karimnagar District 6 Neelam Chinna Balaiah S/o. Bhoomaiah H.No.10-68 and 11-69 Mustabad Vg., Mustabad(M) Karimnagar District 7 Gopishetti santhosh S/o. Late Raja Veeraiah H.No.10-65, 10--66 & 10-67, Mustabad Vg., Mustabad(M) Karimnagar District 8 Alladi Annavva W/o. Keshaiah H.No.9-49, & 10-63 Mustabad Vg., Mustabad(M) Karimnagar District 9 Gande Gouravva W/o. Venkatesham H.No.9-48 Mustabad Vg., Mustabad(M) Karimnagar District 10 Gande Venkatesham S/o. Rajesham H.No.9-47 and 10-75 Mustabad Vg., Mustabad(M) Karimnagar District 11 Gande Ramalingam S/o. Rajesham H.No.10-62 Mustabad Vg., Mustabad(M) Karimnagar District 12 Gande Venkata Laxmi W/o. Ramaliangam H.No.9-50 Mustabad Vg., Mustabad(M) Karimnagar District ..... PETITIONERS AND 1 The Government of Andhra Pradesh rep.by its Secretary Panchayat and Rural Development Department Secretariat Hyderabad 2 The Government of Andhra Pradesh rep.by its Secretary Roads & Buildings Department Secretariat, Hyderabad 3 The District Collector Karimnagar 4 The Superintending Engineer Roads & Buildings Karimnagar District 5 The Grampanchayat Mustabad(V) Mustabad(M) Karimnagar District Rep.by its Panchayat Secretary 6 The Sarpanch Grampanchayat Mustabad(V) Mustabad(M) Karimnagar District .....RESPONDENTS 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 issue any appropriate writ order or direction more in the nature of writ of Mandamus directing the respondents neither to dispossess the petitioners from their properties nor demolish their houses and shop bearing Nos (1) 10-71 & 10-72, (2) 10-70 (3) 10-76, (4) 10-77 (5) 11-65 (6) 11-68 and 11-69 (7) 10-65, 10-66 & 10-67 (8) 9-49 & 10-63 (9) 9-48 (10) 9-47 and 10-75 (11) 10-62 and (12) 9-50 situated at Mustabad and (V) and (M) Karimnagar District respectively for the purpose of Construction of drainage canal by the Gram Panchayat or for any road widening purpose by the authorities of R&B Department in respect of the road leading from Siddipet to Kamareddy without following any due procedure under law i.e, without issuing any notice without their consent, without conducting negotiations and without payment of compensation by duly declaring the action of the Respondents with regard to the activities under taken by the Grampanchayat for the purpose of construction of drainage canal and for the purpose of road widening by the authorities of R & B Department without following due procedure under Law i.e, without issing any notice without our consent without conducting negotiations, without payment of compensation and without invoking the provisions of A.P. Panchayat Raj Act 1994 or Land Acquisition Act as illegal arbitrary and violative of Articles 14 and 300-A of the constitution of India and also violative of human right. Counsel for the Petitioners: MR.V.RAVI KIRAN RAO Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.10749 of 2009 Order: This writ petition is filed seeking a direction to the respondents neither to dispossess the petitioners from their properties i.e., houses and shop bearing Nos (1) 10-71 & 10-72, (2) 10-70 (3) 10-76, (4) 10-77 (5) 11-65 (6) 11-68 and 11-69 (7) 10-65, 10-66 & 10-67 (8) 9-49 & 10-63 (9) 9-48 (10) 9-47 and 10-75 (11) 10-62 and (12) 9-50 respectively situated at Mustabad (V) and (M), Karimnagar District nor undertake any activity for widening of R&B Road leading from Siddipet to Kamareddy and also construction of any drainage canal by the Gram Panchayat at Mustabad (V) and (M), Karimnagar District by demolishing the above mentioned houses and shops of the petitioners, without following due procedure under law. The case of the petitioners is that they are the absolute owners and possessors of houses and shops bearing Nos (1) 10-71 & 10-72, (2) 10-70 (3) 10-76, (4) 10-77 (5) 11-65 (6) 11-68 and 11-69 (7) 10-65, 10-66 & 10-67 (8) 9-49 & 10-63 (9) 9-48 (10) 9-47 and 10-75 (11) 10-62 and (12) 9-50 respectively situated at Mustabad (V) and (M), Karimnagar District and they constructed the said houses and shops after obtaining valid permission from the Gram Panchayat and now, the respondents proposed to lay a 100 feet road, for which, the petitioners raised objections and without considering their objections, the respondents passed a resolution, dated 07.01.2009, to lay a 100 feet road and now, they are taking up the widening activity and if they are allowed to do so, the petitioners will be deprived of not only their shelters but also business establishments. Heard the learned Counsel and perused the material available on record. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it appropriate to dispose of the writ petition directing the respondents not to dispossess the petitioners or demolish their properties for the purpose of widening the road, without following due process of law. However, it is open for the respondents to take up the widening of the existing road, by paying compensation in respect of the properties/lands as per the provisions of the Land Acquisition Act, 1894. Accordingly, the writ petition is disposed of. No order as to costs. ___________________ N.V. RAMANA, J. Date: 02.06.2009 Note: Issue CC in two days. (b/o) VGB