ORDER : 1. This writ petition has been filed seeking the following relief: “…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in proceeding with laying of the road through the petitioners plots in Sy.No.228/A and 229/U, situated at Ballepalli Village, Jayanagar Colony, Division No.3, within Khammam Municipal Corporation limits, Khammam, without any notice and without following the due process of Law as being illegal, arbitrary, unjust, unconstitutional and violative of Articles, 21 and 300-A of the Constitution of India and consequently direct the respondent authorities not to take any coercive steps without following the due process of Law and to grant...” 2. With the consent of both the parties, the writ petition is disposed of at the stage of admission. 3. Heard Sri Karunakar Reddy, learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri P. Sreedar Rao, learned Standing Counsel for Khammam Municipal Corporation appearing for respondent Nos. 2 and 3. 4. Brief facts of the case: The father of the petitioners purchased open site admeasuring 133.55 sq. yards in Sy.No.229/U, through registered sale deed bearing document No.227 of 1986, dated 24.09.1985 and also 203.33 sq. yards in Sy.No.228/A through registered sale deed bearing document No.216 of 1986, dated 20.01.1986 situated at Ballepalli Village, erstwhile Ballepalli Gram Panchayat, Khammam District, by paying valuable sale consideration. After his death, the petitioners have inherited the above said properties and they are in peaceful possession and enjoyment of the same and the Ballepalli Gram Panchayat is merged into Khammam Municipal Corporation. The petitioners averred that on 02.05.2025, respondent Nos.2 and 3 dumped the kankara stones for the purpose of laying the road in the petitioners’ land without even issuing any notice and without giving opportunity. The petitioners further averred that they have approached respondent No.2 and submitted a representation on 03.05.2025 requesting them not to lay the road from the petitioners’ land and except the above said properties, they are not having any other land and the land is very valuable property. The respondent corporation without considering the said representation proceeded to lay the road. Hence, the writ petition. 5.
The respondent corporation without considering the said representation proceeded to lay the road. Hence, the writ petition. 5. Learned counsel for the petitioners submitted that the respondents, without issuing any notice and without following the due procedure as contemplated under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to, as ‘the Act’), are trying to lay the road from the petitioners’ land and the same is in gross violation of the principles of natural justice. He further submitted that the petitioners have approached respondent No.2 and submitted representation on 03.05.2025. Without considering the same and without passing any order, the respondents are proceeded to lay the road. 6. Per contra, learned Standing Counsel submitted that the respondent Corporation is not laying a new road, but they are laying the road in an existing road. Therefore, the question of following the due procedure as per the provisions of the Act does not arise. 7. Having considered the rival submissions made by the respective parties and on perusal of the material available on record, it reveals that the petitioners are claiming rights over the subject property basing on the registered documents dated 24.09.1985 and 20.01.1986. The specific claim of the petitioners is that the respondents, without issuing notice and without following the mandatory procedure as per the Act, are laying road from the petitioners land. The petitioners have already submitted a representation before respondent No.2 on 03.05.2025 and the respondent Corporation has not passed any order on the said representation. 8. Taking into consideration the facts and circumstances of the case, this Court deems it appropriate to direct respondent No.2 Corporation to consider the representation submitted by the petitioners dated 03.05.2025 and pass appropriate orders in accordance with law, after giving opportunity of personal hearing to the petitioners, within a period of three (3) weeks from the date of receipt of a copy of this order. It is needless to observe that the petitioners are entitled to raise all the grounds which are available under law before respondent No.2. 9. With the above direction, the writ petition is disposed of. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed.