IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.15320 OF 2009 BETWEEN: B.J. Jawahar S/o.B. Padmanaba Rao …. Petitioner AND 1. The Project Director and Special Collector, (Land Acquisition) Outer Ring Road Project, HUDA, Tarnaka, Hyderabad. 2. The Land Acquisition Officer and Deputy Collector, (Land Acquisition, Unit-VI Outer Ring Road, HUDA, Hyderabad. …. Respondents THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.15320 OF 2009 ORDER: This Court issued Rule Nisi on 29-07-2009 and in W.P.M.P. No.20109 of 2009 the following order was made: “The learned standing counsel for the respondents submits that they acquired an extent of Ac.1.02 guntas of land belonging to the petitioner situated in S.No.132 of Narsing Village and Gram Panchayat, Rajendranagar Mandal, Ranga Reddy District and paid compensation and they are laying the road only in that land and are not interfering with the possession of the petitioner over the rest of the land of the petitioner. Recording the above submission, the respondents are directed to file a counter affidavit within a period of two weeks.” 2. The Writ Petition is filed for a writ of Mandamus declaring the action of the respondents and their men and Agents in interfering with the peaceful possession and enjoyment of the land belongs to the petitioner without following due process of law as arbitrary, unreasonable and in violation of Articles 14 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner’s land to an extent of Ac.1-15 gts., in Survey No.132 (Abutting to 100 feet, Mehadipatnam to Gandipet road) of Narsing Village and Grampanchayat, Rajendranagar Mandal, Ranga Reddy District, in question without following due process of law. 3. Several facts have been narrated in the affidavit filed in support of the writ petition in detail in paragraph Nos.3, 4, 5 and 6. 4. Counter affidavit had been filed by the respondents. In paragraph No.4 of the counter affidavit, it is stated that an extent of Ac.01-02 gts., of land situated at Narsingi village belonging to the writ petitioner was acquired for formation of a rotary on Gandipet Road under Outer Ring Road and this acquired land of Ac.01-02 gts., is bifurcating the remaining land of the writ petitioner. While carrying out excavation in this portion for construction of the road work, some of the excavated material i.e boulders, earth have spilled over into the land of the petitioner that was adjacent to the acquired land. As such there is no virtual possession of the un-acquired land as alleged by the petitioner. Further, it is stated that the formation of road is being carried out well within the right of way in the acquired land only. The stones/boulders that were spilled over in the abutting land belonging to the petitioner have since been removed and no further orders need to be passed in this writ petition. It is also stated that the field staff, who are executing the work, are having the knowledge about the boundaries of the acquired land. This work is being carried out within the acquired land only. 5. In the light of the specific statements made in paragraph Nos.4 and 5 of the counter affidavit that the work is being carried out within the acquired land only, the same is recorded and since no further orders are necessary, the Writ Petition is closed. No order as to costs. ________________ P.S. NARAYANA, J October 30, 2009. KTL