IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16389 of 2008 Between: M/s. Sri Sai Balaji Homes, a Partner Ship Firm Rep. by its Partner Sri Movva Gyana Prasad S/o. M.V. Subba Rao , aged 41 yrs, R/o. D.No. 43-9-206/2, Railway New Colony, Visakhapatnam. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep. by its Secretary, Revenue (Land Acquisition),Secretariat Buildings, Hyderabad. 2 Visakhapatnam Urban Development Authority Visakhapatnama, Rep. by its Vice Chairman & Managing Director. 3 Visakhapatnam Urban Development Authority Visakhapatnama, Rep. by its Estate Officer 4 District Collector, Visakhapatnam, Visakhapatnam District. 5 Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District. 6 Tahsildar/Mandal Revenue Officer, Chinnagadili Mandal, Visakhapatnam Rural, Visakhapatnam 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 issue any writ order or Direction, preferably a writ in the nature of Mandamus declaring the action of the respondents in attempting to dispossess the petitioner in respect of the petitioner's land admeasuring Ac 0-34 cents and Ac 0-35 cents respectively situate in Sy.No. 86/1, Kommadhin Village, Chinnagadila Mandal, Visakhapatnam District by laying the gravel road through the petitioner's property without any authority of law as illegal, arbitrary and violative of Article 14 and 300-A of the Constitution of India; and consequently direct the respondents not to dispossess the petitioner from its land admeasuring Ac 0-34 cents and Ac 0.35 cents respectively situate in Sy.No. 86/1 Kommadhi Village, Chinnagadila Mandal, Visakhapatnam District, pending disposal of the above writ petition and to pass such other and further orders. Counsel for the Petitioner: MR.RAVI CHEEMALAPATI Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 16389 of 2008 O R D E R: This writ petition is filed with the following prayer: “To issue any writ order or Direction, preferably a writ in the nature of Mandamus declaring the action of the respondents in attempting to dispossess the petitioner in respect of the petitioner's land admeasuring Ac 0-34 cents and Ac 0-35 cents respectively situate in Sy.No. 86/1, Kommadhin Village, Chinnagadila Mandal, Visakhapatnam District by laying the gravel road through the petitioner's property without any authority of law as illegal, arbitrary and violative of Article 14 and 300-A of the Constitution of India; and consequently direct the respondents not to dispossess the petitioner from its land admeasuring Ac 0-34 cents and Ac 0.35 cents respectively situate in Sy.No. 86/1 Kommadhi Village, Chinnagadila Mandal, Visakhapatnam District, pending disposal of the above writ petition and to pass such other and further orders.” I have heard the learned counsel for the petitioner as well as Smt. V.Preethi Reddy, who accepted notice for respondents 2 and 3. Having regard to the facts and circumstances of the case, without expressing any opinion as to the title claimed by the petitioner, the writ petition is disposed of with a direction to the respondents not to dispossess the petitioner from the land in question without following due process of law. No costs. ______________ G. ROHINI,J Date: 30-07-2008 KLP