IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 5780 of 2001 Between: M/s Tokarshi Lalji Kapadia Family Trust, Rep. by Sri Sushil Kapadia S/o Dhirajlal.T.Kapadia R/o Somajiguda, Hyderabad. ..... PETITIONER AND 1 The District Collector Ranga Reddy District. 2 The Commissioner, Kukatpally Municipality, Kukatpally, Ranga Reddy District. 3 The Mandal Revenu Officer, Kukatpally, Ranga Reddy District. 4 The Station House Officer, Kukatpally Police Station Kukatpally, Ranga Reddy District. 5 The Chief Engineer, PWD R & D Department Hyderabad. .....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 issue Writ order or direction more particularly one in the nature of Writ of Mandamus for declaration that the respondents cannot occupy the petitioner trust land of an extent of Ac.2-16 Guntas in Sy.No.307 situated at Moosapet Village, West Taluq, Hyderabad, Ranga Reddy District without acquiring the same by paying the compensation as per market value and without issuing any notice and occupying the land without due process of law as illega, arbitrary and unconstitutional and pass Counsel for the Petitioner: MR.C.HANUMANTHA RAO Counsel for the RespondentS: GP FOR REVENUE The Court made the following : Form-NIC-OGS/WP{SRAVAN} HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.5780 of 2001 O R D E R: The grievance of the petitioner in this writ petition is that the respondents are trying to acquire petitioner’s land admeasuring Ac.2.16 guntas in Sy. No.307 of Moosapet village, Hyderabad West, Ranga Reddy District. 2. The petitioner alleges that he is the lawful owner and occupier of the property aforesaid and for the purpose of road widening, the respondents had taken measurements of the petitioner’s aforesaid property but had not taken any further steps towards acquisition and as such he has approached this Court with the apprehension that the land would be taken over without following due process of law. 3. At the time of admission of this writ petition, by order dated 30-03-2001, an interim direction was issued by this Court restraining the respondents from demolishing structures existing in the aforesaid land. Thereafter, during the past seven years neither respondents filed any counter affidavit nor there is any further attempt on the part of the respondents to acquire the aforesaid land. In these circumstances, I deem it appropriate to dispose of the writ petition with the following direction: In the event of the respondents proposing to acquire any land of the petitioner, they shall follow the appropriate procedure under law, including either the Hyderabad Municipal Corporation Act or the Land Acquisition Act, whichever is applicable. In any such event, respondents shall serve adequate notice and provide opportunity to the petitioner and pass appropriate orders as per law. 4. With the above directions, the writ petition is disposed of. No costs. ___________________ 11th December 2008 kvr