THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos. 26685 of 2008 & 18653 of 2009 COMMON ORDER: These two writ petitions are filed alleging that the respondents are laying a sewerage pipeline across the land of the petitioner in Survey No.93/P of Uppal (B) Village, Uppal Mandal, Ranga Reddy District. The petitioner states that he got Acs.1.00 of land from his ancestors by way of succession and got constructed a wall, after the boundaries are fixed by the Mandal Surveyor. The petitioner alleges that the respondents are laying a big pipeline across the land rendering it unfit for any future use. The respondents filed a detailed counter-affidavit. According to them, the land is part of a lay out which was granted decades ago by the erstwhile Gram Panchayat and that the sewerage pipeline is being laid in the middle of the road. It is stated that the buildings have also been constructed on the basis of the lay out. Heard Sri V.Eswaraiah Chowdary, learned counsel for the petitioner, Sri R.Ramachandra Reddy, learned Standing Counsel for the Municipal Corporation and Sri V.Sudhakar Reddy, learned Standing counsel for Sewerage Board. The grievance of the petitioner is that the respondents are laying huge pipeline across his land. If the land is not part of any lay out and pipes of that size are laid, they would naturally adversely affect the utility of the land. The respondents categorically state that the land is the subject matter of lay out, in which plots were carved out and roads were earmarked. A copy of the approved lay out is filed and the alignment of the proposed pipeline is also indicated. The photographs filed by them disclose that the buildings have been constructed as per the sanctioned lay out. The stand of the petitioner is not clear and definite. At one stage, he says that some of his co-owners have submitted lay out and at another point of time, he admitted that it is part of lay out. In this scenario, it cannot be said that the respondents have committed any illegality, as long as the validity of the lay out is not challenged. If the petitioner feels that his land has been encroached by any one, he can work out his remedies by filing a suit. Hence, the writ petitions are disposed of, leaving it open to the petitioner to establish his rights by filing a civil suit. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:23.10.2009 kdl