IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 10683 of 2008 Between: Gummadisani Ramakrishna Reddy, S/o. Narayana Reddy, R/o. Bandlapalli Village, Narpala Mandal, Ananthapur District. ..... Petitioner A N D 1) The Government of Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj Department, Secretariat, Hyderabad. 2) The Executive Engineer, Panchayat Raj, Ananthapur. 3) The Deputy Executive Engineer, Panchayat Raj Sub Division II, Bandlapalli Panchayat, Narpala Mandal, Ananthapur District. .... 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 to issue an appropriate writ or 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 in petitioner's land in Sy.No.14/4, situated at Bandlapalli Village, Narpalli Mandal, Ananthapur District as illegal, arbitrary, violative of principles of natural justice and also violative of Articles14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner's land in Sy.No.14/4 , situated at Bandlapalli Village, Narpalli Mandal, Anantapur District, without due process of law and pass such other order or orders as this Court may deem fit and proper under the circumstances of the case. Counsel for the Petitioner: MR.S.R.AMBATI Counsel for the Respondent No. GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORAL ORDER : The writ petition is filed questioning the action of the respondents in trying to encroach the land of the petitioner to lay the road in an extent of Acs:6-06 cents in survey no.14/4 at Bandlapalli village, Narpalli Revenue Mandal, Ananthapur district and also to declare the action of respondents in trying to lay the road in petitioner’s land in survey no.14/4, situated at Bandlapalli village of Narpalli Revenue Mandal, Ananthapur district, as illegal, arbitrary, violative of principles of natural justice and also violative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner’s land in survey no.14/4, situated at Bandlapalli village of Narpalli Revenue Mandal, Ananthapur district, without due process of law and to pass such other suitable orders as this Court may deem fit and proper in the circumstances of the case. 2. It is stated that the petitioner is eking out his livelihood by means of agriculture. He is having the land in an extent of Acs:6- 06 cents situate in survey no.14/4, which is on the way to Bandlapalli to Gollapalli village. By the side of his land there is survey no.21 in which there is a road, which leads to Gollapalli village. It is stated that the petitioner had constructed parapet hall on the boundaries of his land, which is by the side of the said road. The Deputy Executive Engineer, Panchayat Raj without giving any notification under Land Acquisition Act, is trying to lay a road, which leads to Gollapalli village. According to field map book, which had been enclosed shows that the actual; road, which is now used by public is going through survey no.21, which is adjacent to his land. It is also stated that the petitioner being the member of an opposition party, the leaders of the ruling party and the owner of adjacent land, i.e., survey no.21, are trying to encroach into his land demolish parapet wall and lay road through his land. 3. It is stated that the petitioner had spent a lot of money in constructing the said boundary wall around his land and now the Panchayat Raj Department is trying to demolish the said wall and trying to lay a road by encroaching his land without issuing any notification or any proceedings without giving any opportunity to him. 4. It is further stated that the petitioner and his family are totally depended on the said land by doing agriculture except that he has no other land or any other income to eke-out their livelihood. It is stated that there is a standing crop in the said lands. If the respondents encroach his land and lay a road through his land, he will suffer irreparable loss and hardship. The said action of the respondents in trying to encroach his land without issuing any notice is illegal, arbitrary, violative of principles of natural justice and violative of Articles 14, 19, 21 and 300-A of Constitution of India. 5. Per contra, the learned Government Pleader for Panchayat Raj and Rural Development on instructions submitted that the work providing B.T. road from Bandlapalli to Gollapalli of Narpala Mandal sanctioned under NABARD for Rs.61.00 lakhs and tenders were completed and entrustment is in pending. The existing road from Bandlapalli to Gollapalli is already formed to a width of 7.5 mts., and having earthern surface. The estimate is sanctioned for upgradation of the road upto the BT standards. Earth-work is provided only to strengthening of the berms not for new formation. Further the petitioner constructed dry stone masonary walls on both sides of existing road. The upgradation of the road is to be taken up between the walls only i.e., improvement to the existing road. The department is not having any intention to encroach the farmer’s field and the department is doing only improvement to the existing road for the public purpose only. 6. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Panchayat Raj and Rural Development. 7. Having regard to the submissions made by the learned counsel for the petitioner and also in view of the submissions made by the learned Government Pleader for Panchayat Raj and Rural Development, it is not substantiated by the petitioner that the respondent-authorities are neither trying to encroach into the land by demolishing parapet wall nor laying the road through the land of the petitioner. According to the respondents, the existing road from Bandlapalli to Gollapalli is already formed to a width of 7.5 mts., and having earthern surface. The estimate is sanctioned for upgradation of the road only upto the BT standards. The petitioner had constructed dry stone masonary walls on both sides of the existing road. The upgradation of the road is to be taken up between the walls only for the improvement to the existing road. There is no basis that the respondents are interfering with the land of the petitioner. However, in the event of acquiring the land of the petitioner, the respondents are directed to follow due process of law. 8. With the above direction, the writ petition is disposed of at the stage of admission. No costs. ------------------------------------ JUSTICE G. CHANDRAIAH. NB: Issue CC by tomorrow. B/o. I s L – T s R 07-5-2008 I s L – T s R