IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.1368 OF 2005 DATE:14.12.2009 Between: Smt K. Laxmamma …… Petitioner And: The Municipal Administration Department and another …..Respondents. HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.1368 OF 2005 ORDER: In this writ petition, the petitioner seeks a writ of Mandamus to declare the action of the respondents for not paying the compensation with regard to the land being utilised by the respondents for laying the road from the land belonging to him covered in Survey Nos.552 and 553 of Sanga Reddy village and Mandal of Medak District. It is the case of the petitioner that the petitioner is a owner and possessory of Ac.3.12 guntas of land situated in Survey No.552 and 553 of Sanga Reddy, which is adjacent to the Government hospital in town. It is a grievance of the petitioner that in order to connect the adjoining colonies i.e., Baba Nagar and Harijanwada Colonies, respondents laid the Cement Concrete road about 10 months back without initiating any proceedings for land acquisition in accordance with law. In the counter-affidavit filed by the Commissioner, Municipal Corporation, Sanga Reddy, it is categorically asserted while generally denying the various allegations made by the petitioner, it is stated that the Concrete Cement road is laid only on the existing road. Further, in the counter-affidavit, it is clarified that about 30 years back, the Harijanawada was formed wherein the Government had issued house site pattas to the land less people in the adjoining land. It is further stated that the owners of the land in Survey No.552 and 553 had voluntarily left the kutcha 20 feet road for the public purpose and in the year 2004, the 2nd respondent laid the cement concrete road on existing gravel road with the municipal funds. Though it is submitted by the learned counsel for the petitioner that the road was laid in the year 2004 only, but from the counter-affidavit filed on behalf of the respondents, it is clear that there was a cement road existing to connect the Harijanawada colony from the last 30 years. In the year 2004, the respondents have laid the concrete cement road on the existing gravel road. As such, the road which was formed about 30 years back, the petitioner cannot seek any direction now to initiate any proceedings under the Land Acquisition Act. The petitioner did not raise any objections for laying the road to connect the Harijanawada colony for the last 30 years. In that view of the matter, I do not find any merits in this writ petition for grant of any relief as prayed for in the petition. The writ petition is devoid of any merits and is liable to be dismissed. The Writ Petition is accordingly dismissed. No order as to costs. _______________________ R.SUBHASH REDDY,J Date:14.12.2009. Gk. HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.1368 OF 2005 DATE:14.12.2009 GK.