IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.25446 of 2008 Between: Katam Ganesh, s/o late Jangaiah, r/o Bairamulaguda village, Saroornagar Mandal, Ranga Reddy District. ... PETITIONER AND 1. Greater Hyderabad Municipal Corporation, rep. by its Commissioner and Special Officer, Hyderabad, A.P. 2. The Greater Hyderabad Municipal Corporation, rep. by its Deputy Commissioner , L.B. Nagar Circle, Hyderabad, A.P. ...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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus by declaring the action of the respondents in trying to lay roads from the patta lands of petitioner in Sy.No.52/A, 52/AA, 53/A, 53/AA, 54/A,54/AA, 59/P, 59/Q/A, 59/Q/E extent about Ac.12.12 out of 29.20 Gts., situated at Kharmanghat, (M) Saroornagar, R.R. District within Greater Hyderabad Municipal Corporation as illegal, arbitrary, unjust, discriminatory, unreasonable, without jurisdiction, opposed to public policy, violative of fundamental rights guaranteed under Article 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice and issue consequential directions a) not to dispossess the petitioner from his lands in Sy.No.52/A, 52/AA, 53/A, 53/AA, 54/A,54/AA, 59/P, 59/Q/A, 59/Q/E extent about Ac.12.12 out of 29.20 Gts., situated at Kharmanghat, (M) Saroornagar, R.R. District without due process of law; (b) to direct the authorities to acquire the lands of the petitioner for the purpose of laying roads by initiating proceedings under Land Acquisition Act, if they require the lands and direct to pay the costs and pass such other orders. Counsel for the Petitioner : Mr. K.M.MAHENDER REDDY Counsel for the Respondents : Mr. R.RAMACHANDRA REDDY, SC FOR MCH 1,2,4&6 The Court made the following: ORDER: According to the petitioner, he is the absolute owner of the agricultural lands in an extent of Acs.12-12 guntas out of Acs.29-20 guntas in Sy.No.52/A, 52/AA, 53/A, 53/AA, 54/A, 54/AA, 59/P, 59/Q/A, 59/Q/E, situated at Kharmanghat Mandal, Saroornagar, Ranga Reddy District near and abutting Nagarjuna Sagar Road, which are within the limits of Greater Hyderabad Municipal Corporation. According to him, it is his ancestral property and after the death of his father and mother, he inherited the said property. The grievance of the petitioner is that though he is the absolute owner of the said lands, the officers of Greater Hyderabad Municipal Corporation, without issuing any notice or hearing, are trying to lay roads i.e. 440 ft. length x 60 ft. width, 827 sq.ft/length x 30ft. width on west and south side and P.R.T. colony, in his lands, and hence, he approached this Court and filed the present writ petition. 2. On instructions, learned Standing Counsel for Greater Hyderabad Municipal Corporation, Sri R. Ramachandra Reddy, submitted that repairs were made to the existing road long back and as of now they are not making any repairs or laying any road as contended by the petitioner and if really a road is to be laid in the lands belonging to the petitioner, the same will be done only after following the due process under law. 3. In the light of the said undertaking, this Court is of the view that this writ petition can as well be disposed of at the stage of admission directing as follows: If the lands, as claimed by the petitioner, belong to him and he is the absolute owner of the same, the respondents shall not lay any road etc., without following due process under law. 4. Accordingly, the writ petition is disposed of at the stage of admission. _______________________________ JUSTICE GOPALAKRISHNA TAMADA November 21, 2008 Note: Issue C.C. by two days. B/o GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. Greater Hyderabad Municipal Corporation, rep. by its Commissioner and Special Officer, Hyderabad, A.P. 2. The Greater Hyderabad Municipal Corporation, rep. by its Deputy Commissioner , L.B. Nagar Circle, Hyderabad, A.P. 3. Two CCs to 4. Two CD copies Form-NIC-OGS/WP{MSN}