IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 6432 of 2008 Between: A.Bikshapathi S/o.Seethaiha, R/o.8-1-123 Shaikpet Hyd ..... PETITIONER AND 1. G.H.M.C Rep.by its Commissioner Tank Bund Hyd 2. The Assistant City Planner Circle No.10 (Old M.C.H Circle No.5) G.H.M.C Hyd. 3. Govt Of A.P Rep.by its Principal Secretary Roads & Buildings, Secretariat Hyd. .....RESPONDENTS 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 a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in trying to lay the road and interfere with the petitioner's possession and enjoyment of the land admeasuring 1036.54 square yards in S.No.46 in T.S No.21 of Shaikpet (V)&(M) Hyderabad without acquiring the land by following due the process and law and without payment of compensation as illegal arbitray and without jurisdiction and violation of Article 14 and 300-A of the constitution of India. Counsel for the Petitioner: MR.RAMA RAO GHANTA. Counsel for the Respondent No.: SMT.KALPANA EKBOTE. The Court made the following : ORDER: This writ petition has been instituted seeking a writ of mandamus declaring the action of the respondents in tying to lay the road and interfere with the petitioner’s possession and enjoyment of the land admeasuring 1036.54 square yards in Survey No.46 in T.S.No.21 of Shaikpet Village & Mandal, Hyderabad without acquiring the and by following due process of law and without payment of compensation, as illegal. It is needless to observe that the Municipal Corporation cannot take possession of the property owned by the citizens without recourse to law. The respondents are, therefore, directed to follow either the procedure laid down in Section 146 r/w 147 of the Hyderabad Municipal Corporations Act or the Land Acquisition Act and acquire the land in question and without adopting such a procedure, it should not insist upon the petitioners to part with the possession of the land. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 16th April 2008 mrk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}