IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26725 of 2008 Between: Chukkala Venkatamma W/o.Late Veeraswamy R/o.H.No.2-7-1141, Kanakadurga Colony, Hanumakonda, Warangal, Warangal District, Rep. by her power of attorney holder, Ch.Gangadhar S/o. Ashalu Age:61, Retd. Employee R/o.H.No.2-7-1141, Excise Colony, Hanumakonda. ..... PETITIONER AND 1 The Commissioner, Warangal Municipal Corporation Warangal, Warangal District. 2 The Vice Chairman, Kakatiya Urban Development Authority, Warangal, Warangal District. .....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 any appropriate writ order or direction essentially in the nature of Writ of Mandamus declaring the action of the respondents in laying the 40 feet road through the land of the petitioner without following the due process of law and without paying compensation and without issuing any notice is as arbitrary, illegal, contrary to law and in violation of Article 14 and 300-A of the Constitution of India and in violation of principles of natural justice. Consequently, direct the respondents not to lay the road through the land of the petitioner i.e., survey No.58 (old) corresponding to new survey No. (295) situated at Kanakadurga Colony (Waddepally village) of Warangal Municipal Corporation without following due process of law without paying any compensation and pass such other order or orders as may be just. Counsel for the Petitioner:MR.C.NARENDER Counsel for the Respondent No.: MR.V.DURGA NAGESWARA RAO The Court made the following : O R D E R: This writ petition is filed seeking a mandamus to declare the action of the respondents in laying 40 feet road through the petitioner’s land without following due process of law and without issuing any notice and paying any compensation, as arbitrary, illegal and in violation of principles of natural justice. The petitioner’s main grievance is that the respondents, without issuing any notice and without following due process under law and paying any compensation, are trying to lay road through her land admeasuring 206.88 square yards in S.No.58 (old) corresponding to new S.No.295 situated in Waddepally village, Hanumakonda Mandal, Warangal District. Heard the learned counsel for both the parties and perused the material on record. The principles of natural justice demand that before any action is initiated by the public authorities against private individual, which results in civil consequences, a notice calling for the explanation to the individual concerned has to be issued, and after considering the explanation, appropriate orders should be passed, and then action in accordance with the said decision has to be taken. Inasmuch as it is alleged by the petitioner that the respondents are trying to lay a road through her land without issuing any notice and without following due process of law, I deem it appropriate to dispose of the writ petition with the following directions: “The respondents are directed to follow the due procedure prescribed under law wherein a notice calling for the explanation of the petitioner shall be issued, and after considering the explanation that may be submitted by her, pass appropriate orders and take action in accordance therewith. It is made clear that unless and until the respondents follow due procedure under law, they shall not take any steps to lay road through the petitioner’s land.” In terms of the above directions, this writ petition is disposed of at the admission stage. No costs. _______________ 08.12.2008 bcj