IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6737 of 2007 Between: 1 Gajula Nagendrudu, s/o late Narayana, r/o Nagampalli Village, Kothapalli Mandal, Kurnool District. 2 Gajula Laxmi Narayanamma, w/o Gajula Nagendrudu, r/o Nagampalli Village, Kothapalli Mandal, Kurnool District. ..... PETITIONER(S) AND 1 the Superintendent Engineer, Roads and Buildings, Kurnool, District Circle, Kurnool. 2 the Deputy Superintendent Engineer, R&B Atmakur Division, Kurnool 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 to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the high handed action of the respondents in laying the Pamulapadu to Zadduvaripalli road in the petitioners lands by cutting 50 Mango Trees in Sy.No.622/2 to an extent of Ac.2.29 cents and in Sy.No.626/A to an extent of Ac.1.60 cents and in Sy.No.620, Ac.1.80 cents in Sy.No.626/A to an extent of ac.3.20 cents respectively of Nagampalli Village of Kothapalli Mandal, Kurnool District, without initiating the Land Acquisition Proceedings and paying compensation as illegal, unwarranted, in gross violation of principles of natural justice and in violation of Article 14, 19, 21 and 300A of Constitution of India and consequently direct the respondent to initiating the land acquisition proceedings and pay just and adequate compensation to the petitioners forthwith and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.RATHANGA PANI REDDY Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.6737 OF 2007 ORAL ORDER: The petitioners state that they belong to weaker sections of the society, and that the Government issued D-Form pattas in respect of the lands in question in the year 1989, and since then they are in possession and enjoyment of the same. They further state that they developed the lands in question into a mango garden by spending huge amounts. It is the grievance of the petitioners that the respondents without issuing any notice and without following the due process of law, started laying a road through the lands of the petitioners by cutting down 50 mango trees, which came in the way. Hence, they filed the present writ petition. When the matter came up for admission on 09.04.2007, this Court passed the following interim order while adjourning the matter to enable the respondents to file their counter affidavit: “Post on 23.04.2007 in motion list. In the meanwhile, the learned Government Pleader for R&B shall file counter affidavit. Pending further orders, it is directed that the respondents shall not utilize the land of the petitioner either for laying new road or for expanding the existing one, except by acquiring or with the consent of the petitioner.” A detailed counter is filed by the second respondent herein. The learned Assistant Government Pleader for R&B, reiterating the counter averments, submitted that the lands assigned to the petitioners under the D-Form pattas are liable to be resumed at any point of time as per the terms and conditions thereof and no compensation need be paid. He further submitted that even prior to the allotment of D-Form pattas in favour of the petitioners, already a road existed, and that the respondents have not encroached the lands of the petitioners in question and are only improving the already existing road leading from Pamulapadu to Zadduvaripalli. In view of the averments made in the counter affidavit that the respondents are encroaching the lands of the petitioners and are merely improving the already existing road, no orders need be passed. Accordingly, recording the said submission of the respondents, the writ petition is closed. The interim order passed by this Court on 09.04.2007 stands vacated. No costs. ______________ N.V.RAMANA, J. Date: 04.07.2008 VGSR