THE HON'BLE MR. JUSTICE R.SUBHASH REDDY Writ Petition No.9578 of 2002 ORDER: In this Writ Petition, the petitioners, claimed to be owners of the lands in Survey Nos.89 and 40 to an extent of 0.20 guntas, Sy.No.89 and 40 to an extent of 0.20 guntas and Sy.Nos.206 ‘A’, 207’B’ and 208 to an extent of Ac.2.07 guntas, situated near New Shyampet, Hunter Road, Hanamkonda, Warangal, seek direction to declare the action of the respondents in seeking to lay 80 feet road through their lands without acquiring the lands under the Provisions of the Land Acquisition Act, 1984, as illegal and arbitrary. 2. In the affidavit filed in support of the Writ Petition it is stated that petitioners are agriculturists and they are owners of the lands. The first petitioner is the owner of lands in Sy.Nos.40 and 89 to an extent of 0.20 guntas. The second petitioner is the owner of lands in Sy.Nos.89 and 40 to an extent of 0.20 guntas. The third petitioner is the owner of the lands in Sy. Nos.206 ‘C’, 207 ‘B’, 208 and Sy. No.79 to an extent of Ac.2.07 guntas. It is their grievance that respondent authorities are trying to lay the road without due process of law and without notifying the lands belong to them for any public purpose. 3. Counter-affidavit is filed by the respondents. In the counter-affidavit though it is stated that no markings are made by the respondents for laying road, it is also stated that as per the Master Plan 80 feet road is passing through the lands of the petitioners and covering many other survey numbers from Hunter Road to APSRTC godowns to Railway Track, which was sanctioned vide G.O. Ms. No.910 Municipal Administration dated 23-11-1971. It is also stated in the counter that petitioners have converted the said lands into plots unauthorizedly without obtaining any lay out approval from the competent authority as required under law. 4. As far as the lands of the petitioners are concerned, it is not in dispute that the same are private patta lands. If the same are required for any public purpose, which can be utilized only by acquiring the lands under the provisions of the Land Acquisition Act, 1984. Though it is stated that petitioners have also converted their lands unauthorizedly into plots, but the same is no ground to lay the road without notifying the lands for the purpose of road under the Land Acquisition Act. If the land is used for ploting purposes unauthorizedly, it is open for the respondents to take appropriate steps in accordance with law, but it cannot be said that the lands of the petitioners can be utilized without notifying the same under the provisions of the Land Acquisition Act. 5. For the aforesaid reasons, the Writ Petition is disposed of directing the respondents not to lay the road in dispute without due process of law and without notifying the lands belong to the petitioners for any public purpose. It is needless to observe that if the petitioners have converted the said lands into plots unauthorizedly, it is equally open for the respondents to take steps in accordance with law. 6. Subject to above, the Writ Petition is disposed of. No order as to costs. __________________ R.SUBHASH REDDY, J. 30th March, 2009. skmr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 9578 of 2002 Between: 1 K. Venkateshwarlu, S/o. Bhadraiah, New Shyampet, Hunter Road, Hanamkonda, Warangal District. 2 K. Balakishan, S/o. Bhadraiah, New Shyampet, ]Hunter Road, Hanamkonda, ]Warangal District. 3 N.Mohan Rao, S/o. Kommaiah, New Shyampet, ]Hunter Road, Hanamkonda, ]Warangal District. ..... PETITIONERS AND 1 The District Collector, Warangal, Warangal District. 2 The Vice Chairman and Managing Director, Kakatiya Urban Development Authority, Warangal, Warangal District. 3 The Commissioner, Municipal Corporation of Warangal, Warangal 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 a writ, order or Direction, more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in laying a Road across the lands of the Petitioners in Survey Nos; 89 and 40 extent of 0.20 guntas and Survey No;79, 206'A', 207'B' and 208 to an extent of Acre 2-07 guntas situated near New Shyampet, Hunter Road, Hanmkonda, Warangal without following the process of law i.e., initiating proceedings under land acquisition Act and without paying compensation to the petitioners as illegal and arbitrary and violating of Article 300 A of the Constitution of India. Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following :