IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23578 of 2005 Between: T. Srikanth … Petitioner AND The District Collector, Ranga Reddy District & others. … Respondents Counsel for the petitioner : Sri P. Roy Reddy Counsel for respondents 1&2: AGP for Panchayat Raj This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23578 of 2005 ORDER:- At the interlocutory stage, the writ petition is taken up for hearing and disposal. The sole grievance of the petitioner in this writ petition is that on the land belonging to him in Sy.No.5 of Kothwalguda Village, Shamshabad Mandal, Ranga Reddy District, the respondents proposed to form and lay a road without acquiring the same under the provisions of the Land Acquisition Act, 1894 (for short, ‘the Act’). In the counter-affidavit of respondent No.3, it is averred that an approach road from PWD road to Kothwalguda Village was formed with the cooperation of all the pattedars in the year 1960, that initially there was a gravel road and that the same was converted into a metal and BT road. It is further stated that the respondents are merely developing the existing road in a phased manner by metalling and laying BT surface with available funds of Mandal and Zilla Parishad. The question whether a road was already in existence on the land belonging to the petitioner or not has become a seriously disputed question of fact with the abovementioned stand taken by the respondents. Therefore, it is not possible for this Court to decide such a dispute, which requires to be adjudicated on the basis of evidence both oral and documentary adduced by both the parties. Hence, without giving any finding on merits, the writ petition is disposed of with liberty to the petitioner to approach the competent Court of law for claiming compensation against the respondents. With these observations, the writ petition is disposed of. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.30269 of 2005 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 19.06.2008 ES