IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2612 of 2007 Between: Shaik Omer Bin Ali Al--Amoodi, R/o. 18-8-486, Bader Colony, Kumarwadi, Edi Bazar, Hyderabad. ..... PETITIONER AND 1 The Municipal Corporation Of Hyderabad, Rep. by its Commissioner, Office at Tank Bund, Hyderabad. 2 The Deputy Commissioner, Circle No.1,Municpal Corporation of Hyderabad. office at Charminar, Hyderabad. 3 The Executive Engineer, Circle No.1,Municpal Corporation of Hyderabad. office at Charminar, Hyderabad. 4 The Assistant City Planner, Circle No.1,Municpal Corporation of Hyderabad. office at Charminar, 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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in laying Public Road in the property of the Petitioner bearing Municipal No. 17- 3-185/8/A, admeasuring 1500 Sq.yards situated at Imam Bada, Rein Bazar, Yakutapura Hyderabad upon the directions of the Political leaders without following due process of law as highly illegal and arbitrary contrary to sections 146 & 147 of the H.M.C. Act, 1955 and violative of Article 300-A of the Constitution of India. Any other relief deemed fit and proper be also granted to the petitioner. Counsel for the Petitioner: MR.ABDUL NAJEEB KHAN Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : O R D E R: Though the matter is coming up for admission, it is taken up for disposal with the consent of learned counsel appearing for both the parties. This writ petition is filed seeking a Writ of Mandamus, declaring the action of respondents in laying public road through the property of the petitioner bearing Municipal No.17-3-185/8/A, admeasuring 1500 sq.yards, situated at Imam Bada, Rein Bazar, Yakutpura, Hyderabad, upon the directions of the political leaders without following due process of law, as illegal, arbitrary and contrary to sections 146 & 147 of the H.M.C.Act, 1955 and violative of Article 300-A of the Constitution of India. The case of the petitioner is that he is the owner of the premises bearing No.17-3-185/8/A, admeasuring 1500 sq.yards situated at Yakutpura, Hyderabad. It is his grievance that though the said property is his private property, respondents 2 to 4 are taking steps for laying a public road over the same, without obtaining his consent and also without following the procedure contemplated under Land Acquisition Act, 1894. On behalf of respondent No.4, a counter affidavit is filed, wherein, while admitting that property bearing No. 17-3-185/8/A, admeasuring 1500 sq.yards, is a private property of the petitioner, it is stated that on 9.2.2007 and 10.2.2007, the respondent-officials have only visited the area where the property of the petitioner is located, but they did not take any steps for dispossession of the petitioner from the said property. In view of the said averment made in the counter-affidavit, it cannot be said that respondents are taking steps to dispossess the petitioner from his property, for constructing a public road through the said land, otherwise than following due process of law. Therefore, the writ petition is disposed of, directing the respondents not to deprive the petitioner, of his property bearing Municipal No. 17-3-185/8/A, admeasuring 1500 sq.yards, otherwise than following due process of law. However, it is made clear that if the said property is required for any public purpose including for construction of any road, this order will not preclude the respondents from proceeding further in accordance with the provisions of the Land Acquisition Act, 1894. Subject to above directions, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 23rd April, 2009 PNV