IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FOURTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18869 of 2001 Between: 1 B.L. Anjaiah, S/o. late Sri Lachanna, SRT 306, Jawaharnagar, Chikkadpally, Hyderabad. 2 Smt.B. Lakshmi, W/o. B.L. Anjaiah, SRT 306, Jawaharnagar, Chikkadpally, Hyderabad. P is rep.by their General Power of Attorney Petitioner No.1) 3 Smt.B. Lakshmi, W/o. B.L. Anjaiah, SRT 306, Jawaharnagar, Chikkadpally, Hyderabad. P is rep.by their General Power of Attorney Petitioner No.1) 4 Smt.B. Lakshmi, W/o. B.L. Anjaiah, SRT 306, Jawaharnagar, Chikkadpally, Hyderabad. P is rep.by their General Power of Attorney Petitioner No.1) 5 Smt.B. Lakshmi, W/o. B.L. Anjaiah, SRT 306, Jawaharnagar, Chikkadpally, Hyderabad. P is rep.by their General Power of Attorney Petitioner No.1) 6 Smt.B. Lakshmi, W/o. B.L. Anjaiah, SRT 306, Jawaharnagar, Chikkadpally, Hyderabad. P is rep.by their General Power of Attorney Petitioner No.1) ..... PETITIONERS AND Commissioner, Kukatpally Municipality, Kukatpally, R.R. District. .....RESPONDENT 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 of mandamus or any other appropriate writ, order or direction in the nature of such a writ declaring the action of the respondent in attempting to pay a water pipe line through the land appurtenant and adjacent to their godown premises bearing No.12-7-20/63(old No.7-20/63) situated in Sy.Nos.847&848, Muskipet village, comprised in Kukatpally Municipality, Ranga Reddy District, is illegal, high-handed, without the authority of law, ultra vires and violative of Arts.14&300-A of the Constitution of India and to direct the respondent not to lay or authorize or permit the laying of the water pipeline through the afore said and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.N.V.S.R.GOPALAKRISHNAMA CHARI Counsel for the Respondent No.: MR.K.VENUGOPAL REDDY (SC FOR MUNICIPAL) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18869 of 2001 ORDER: It is the case of the petitioners that they are the joint owners of godown and the appurtenant land premises bearing No.12-7-20/63 (old No.7-20/63) situated at New Railway Goods Shed Complex, Sanathnagar, in Sy.Nos.847 and 848 of Muskipet village, Hamlet of Kukatpally. It is stated that their land and godown are situated adjacent to the road on its South. While so, the staff of the respondent came to their godown premises and started marking to dig their land along with godown on its eastern side for laying water pipeline and, as such, the petitioners issued a legal notice to the respondent, but no reply was given and, therefore, the petitioners are constrained to file this writ petition seeking a Writ of Mandamus declaring the action of the respondent in attempting to lay water pipeline through the land of the petitioners as illegal and arbitrary. If any pipeline is required to be laid, it is always open for the respondent to follow due process of law either by acquiring the land or entering into an agreement with the petitioners. But, without acquiring the land or without entering into an agreement with the petitioners, no water pipeline can be laid through the land of the petitioners. Though interim direction was granted on 12-09-2001, no counter is forthcoming. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondent not to lay any water pipeline through the land of the petitioners without following due process of law. There shall be no order as to costs. ___________ 10-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BDLNM}