THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.23612 of 2009 Dated: 01.06.2010 Between: Suresh Tarachandra Doshi and another. .. Petitioners. And The District Collector, Adilabad District, And others. .. Respondents. ORDER: Petitioners, who are two in number, claim to be the absolute owners and possessors of the land admeasuring Ac.4.28 gts. in Sy.No.249 of Adilabad village, Mandal and District, having purchased the same by virtue of registered sale deeds bearing document Nos.3443/2004 and 3444/2004 both dated 11.08.2004 from M/s. Andhra Pradesh State Finance Corporation. That in the said property, there exists a building, which is being used as a godown for storing the cement manufactured by Ultratech Cement Limited, which is a Birla Group Company as also its office. The petitioners contend that on the Northern side boundary of their property, there is a road leading from N.H.7 to Arli village and it is a Zilla Parishad road. The 3rd respondent-Cement Corporation of India (C.C.I.) established a cement factory on the Northern side of the said road in the year 1983 and respondents 4 and 5 are its employees. Respondents 4 and 5, claiming that the said road belongs to the 3rd respondent, are obstructing the road and preventing them and also the general public from passing through the said road, thereby causing huge financial loss to them apart from causing inconvenience to their consumers. On 15.10.2009, the 5th respondent along with a group of henchmen attacked the 1st petitioner and made attempts on his life, for which he lodged a complaint on the same day before the Station House Officer, I Town Police Station, Adilabad. Thereafter, when similar attempts were made, he filed a reminder complaint on 21.10.2009 with the 2nd respondent-Superintendent of Police, Adilabad. The grievance of the petitioners is that in spite of complaint and the reminder complaint being lodged by them on 15.10.2009 and 21.10.2009, respondents 1 and 2 have not taken any steps to remove the obstacles on the subject road. On 03.11.2009, this Court while admitting the writ petition, in W.P.M.P.No.30666 of 2009 directed respondents 1 and 2 to remove the obstacles being caused by respondents 3 to 5 on the road leading from National Highway to Arli village, and provide protection to the general public to use the said road, pending disposal of the writ petition. To vacate the said interim order dated 03.11.2009, respondents 3 to 5 filed petition being WVMP.No. 4456 of 2009. In the counter affidavit filed by respondents 3 to 5 in support of the vacate petition, it is stated that the road from National Highway to the C.C.I is purely a private land belonging to C.C.I., as it was transferred from Zilla Parishad vide its proceedings dated 26.06.1979. It is further stated that the petitioners and their truck drivers are causing inconvenience to the free movement of the vehicles and employees of the C.C.I., by parking their vehicles and blocking the way. Further, the petitioners also tried to encroach the land of the C.C.I. and engaged labour for digging the site for construction of a compound wall, and thereupon, the matter was reported to local police on 15.10.2009 under intimation to revenue officials. It is, however, categorically stated that the petitioners were never prevented from using the road. Controverting the allegations made in the counter affidavit filed by respondents 3 to 5 referred supra, the petitioners filed reply affidavit. However, on 28.04.2010, when the matter was taken up for consideration, learned counsel for the petitioners sought time to file an undertaking to the effect that the petitioners will not cause any inconvenience to the public, particularly, to the third respondent Corporation in using the subject road, and accordingly, an undertaking by way of an affidavit has been filed by the petitioners. The said undertaking is placed on record. In view of the undertaking of the petitioners, which is placed on record, no further orders are required to be passed in this writ petition. However, the petitioners are at liberty to use the subject road leading from National Highway to Arli village, and respondents 3 to 5 shall not cause any obstructions. Accordingly, the writ petition is closed. No order as to costs. ______________ N.V.RAMANA,J 01.06.2010 v v