IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24709 of 2008 Between: Vodla Anjamma (Hindu) W/o. Vodla Veera Swamy R/o. Nizampet (V), Qutbullapur Mandal, R.R. Dist. ..... PETITIONER AND 1 The District Collector Ranga Reddy District Lakdikapool, Hyderabad. 2 The Special Deputy Collector & Tahsildar Qutbullapur Mandal, Ranga Reddy District 3 The Superintendent of Engineer Department of Roads & Buildings Qutbullapur Mandal, Ranga Reddy District. .....RESPONDENT(S) 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 an appropriate writ, order or direction, more particularity one in the nature of writ of Mandamus directing the respondents not to demolish the house (14 Sq.yards) in Survey No. 331 of Nizampet Village, Qutbullapur Mandal, and not to occupy the land of 400 Sq.yards of the petitioner which is including a bore well without following due process of acquisition by declaring their action is being illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India. Counsel for the Petitioner: MR.RAMANA ALLU Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The petitioner ﬁled this writ petition stating that she is the absolute owner of the RCC roof house admeasuring 14 square yards including a bore-well and other landed property admeasuring 400 square yards situated in Survey No. 331 of Nizampet village, Qutbullapur Mandal. She constructed a house in the said land after obtaining permission and now the respondents are trying to lay road from the said land without acquiring the same and without her consent under the provisions of the Land Acquisition Act, 1894. Hence the writ petition. Today, when the matter is taken up for admission, the learned Government Pleader for Roads and Buildings produced before this Court a copy of letter dated 12-11-2008 addressed by Assistant Executive Engineer (R&B) Section, Medchal to the Deputy Executive Engineer (R&B), Sub Division Medchal, Hyderal, wherein it is stated as under: “I submit to state that the above mentioned site is situated on road side on the Nizampet Suraram road. The Nizampet – Suraram road is having the road width of 33’ on either side from the centre of the road i.e. total road width is 66’. Now road widening is taking up as per the availability of the road width and widening is taking up for up to 33’ only from the centre of the road. The said property is also situated on the irrigation tank area and the landownership is also has to be veriﬁed by the revenue authorities concerned. Respected petitioner has stated that the bore well RCC room is eﬀecting in the road widening. We assure that the bore well is not eﬀecting and not coming on road boundary and it will not eﬀect the regular functioning of the bore well. But RCC building is mentioned is which not RCC is building it is only sloped roof with asbestos roof which is coming in 29’ from road centre. This is also we are initiating to carry the road work with due consent of the concerned owner only.” It is also submitted by the learned Government Pleader for Roads and Buildings that the respondents will lay the road only after acquiring the land of the petitioner under the provisions of the Act or after obtaining her consent. In the circumstances, recording the statement of the learned Government Pleader, the writ petition is disposed of directing the respondents that in case they intend to lay the road, they shall follow due procedure contemplated under the Act or obtain the consent of the petitioner. N.V. RAMANA, J 13-11-2008 ks/msv