IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.21887 of 1999 Between: 1 B. Madhusudhan Reddy son of late Dharma Reddy resident os H.No. 5-11-532, Behind R.T.O. Office, Naim Nagar Hanamkonda, Warangal District. 2 B. Shashikanth Reddy son of Madhusudan Reddy resident os H.No. 5-11-532, Behind R.T.O. Office, Naim Nagar Hanamkonda, Warangal District. ..... PETITIONERS AND 1 The Municipal Corporation of Warangal, rep. by its Commissioner. 2 The Kakatiya Urban Development Authority, Warangal, rep. by its Vice-Chairman, Warangal. .....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 a Writ or order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in proposing to lay 80 feet road through our lands extent being 1689 sq. yards in S.No. 265/A/B, Plot Nos. 6, 7 4 & %) situated at Lashkar Singaram Villageshivar, Pallivelpula Gram Panchayat, Hanamkonda Mandal, Warangal District, without initisting any proceedings and without paying any compensation as contemplated under the provision of Land Acquistion Act, as arbitrary, illegal and violative of Article 300-A of the Constitution of India; and pass such other order or orders. Counsel for the Petitioner:MR.P.KESAVA RAO Counsel for the Respondent No.: MR.K.VISWESWAR REDDY The Court made the following: Form-NIC-OGS/WP{ND} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.21887 of 1999 O R D E R: The petitioner seeks to issue a Writ of Mandamus declaring the action of the respondents in proposing to lay 80 ft. road through the lands of the petitioners to an extent 1688 sq.yards in Sy.No.265/A/B, Plot Nos.6,7, 4 & 5, situated at Lashkar Singaram Villageshivar, Pallivelpula Gram Panchayat, Hanamkonda Mandal, Warangal District, without initiating any proceedings and without paying any compensation, as illegal and arbitrary. It is the case of the petitioner that the respondents are proposing to lay 80 ft. road through their lands without acquiring the land and without paying any compensation though they are the registered owners of the aforesaid lands and entitled to enjoy the said property. The learned counsel for the respondents submitted that similarly situated persons filed WP.1461/2000 seeking similar relief wherein this Court considering the similar contentions held that the vendor of the petitioner therein did not leave 40% open space for roads, amenities etc. and did not pay the prescribed fee thereof, and therefore, laying of the road by the respondents cannot be faulted on any ground. In the instant case, counter has been filed stating that there is no lay out for the plot purchased by the petitioner and the petitioner has not submitted the unauthorized layout for regularization and not remitted development charges and as per the approved Road Development Plan 18/88 which was re-modified calling for the objections giving public notice and taking into account for technical feasibility on the ground the 2nd respondent realigned the Road Development Plan in R.D.P.No.4/97 and no 80 ft. MP road sought to be implemented. It is further stated that the plots purchased by the petitioner were already affected by M.P.Roads sanctioned by the Government and there is no requirement or obligation for payment of compensation as land owners haved failed to leave open space of 40% for roads, amenities etc. I am of the opinion that on similar facts and circumstances, this Court passed orders in WP.1461/2000, dated 23.08.2000. Therefore, following the said order, the Writ Petition is dismissed. However, it is open for the petitioner to approach the competent civil Court and work out his remedies, if he is so advised. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 20.06.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Municipal Corporation of Warangal, rep. by its Commissioner. 2 The Kakatiya Urban Development Authority, Warangal, rep. by its Vice-Chairman, Warangal. 3.2CCs to 4.2CD copies