THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.6478 of 2005 Date 10-12-2009 Between : L.Venkaiah Setty, son of Lingam Venkata Swamy, agd about 56 years, Occ : Business, R/o 62/143, Chidambararao Street, Near Munsif Court, Kurnool .. Petitioner And The Municipal Corporation, Kurnool, rep. by its Commissioner, Kurnool .. Respondent THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.6478 of 2005 ORDER : In this Writ Petition the petitioner seeks directions by way of Mandamus to declare the action of the respondent in taking possession of petitioner’s land admeasuring Ac.0.04 cents out of Ac.0.17 cents comprised in Sy.Nos.305/1 and 306/1 of Kallur Revenue Village, Kurnool District, for laying cement road, as illegal and arbitrary. In the affidavit filed in support of the petition, the case of the petitioner is that he is the owner and possessor of the land admeasuring Ac.0.17 cents comprised in Sy.Nos.305/1 and 306/1 of Kallur Revenue Village, Kurnool District. It is stated that the respondent has laid a gravel road in an extent of 50 feet from east to west and 35 feet road from north to south covering an extent of Ac.0.04 cents of petitioner’s land without initiating proceedings under the Land Acquisition Act. The counter-affidavit is filed by the Commissioner of the Kurnool, Municipal Corporation. In the counter-affidavit, while generally denying the various allegations made by the petitioner, it is stated that originally lands in question are within the limits of Kallur Revenue Village and surrounding lands of the disputed petitioner’s land i.e., southern, northern and western sides of the petitioner’s land are approved layouts. It is further stated that the disputed land is being used as 50 feet road by the general public for the last more than 25 years and at no point of time the petitioner has raised any objection. Though it is argued by the learned counsel for the petitioner that the road was constructed very recently, but in the affidavit filed in support of the petition, the petitioner has not stated any particulars with regard to construction of road. In the affidavit filed in support of the Writ Petition it is merely stated that Ac.0.04 cents of land is being used for formation of the gravel road, but in the counter- affidavit it is clear that such road is in existence for the last more than 25 years. In that view of the matter, the petitioner, having not raised any objection for the road, which is being used for the last more than 25 years by the general public, can neither seek declaration as prayed for, nor a direction to respondents not to dispossess the petitioner. For the aforesaid reasons, I do not find any merit in this Writ Petition. The Writ Petition is accordingly dismissed. There shall be no order as to costs. _____________________ R.SUBHASH REDDY, J. 10th December, 2009. skmr