IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25503 of 2001 Between: Kasse Krishna Murthy … Petitioner AND The District Collector, West Godavari, Eluru, & others. … Respondents Counsel for the petitioner : Sri C.C.S. Sastry Counsel for the respondent : AGP for Roads and Buildings This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25503 of 2001 ORDER:- This writ petition is ﬁled for a Writ of Mandamus to declare the action of the respondents in seeking to form a road on the land admeasuring Ac.1.50 cents in R.S.No.172 of G.Kothapalli Village, Dwaraka Tirumala Mandal, West Godavari District, belonging to the petitioner, without following due process of law, as illegal and arbitrary. From the averments contained in the aﬃdavit ﬁled in support of the writ petition, it is evident that the grievance of the petitioner is that without following due process of law and that at the instance of the Sarpanch of respondent No.3, respondent No.2 is seeking to lay a road on the land in question. No counter aﬃdavit is ﬁled controverting the averments contained in the aﬃdavit. The respondents cannot deny to the petitioner the property belonging to him unless the same is acquired by following due process of law. In the event, the petitioner’s land is required by the respondents, they shall initiate proceedings under the Land Acquisition Act, 1894 without which the petitioner cannot be dispossessed. Subject to the above observation, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.32274 of 2001 ﬁled by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 06.11.2008 ES