IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 16386 of 2004 Between: Ch. Veera Reddy S/o. Late Sri Venka Reddy R/o.Musnur Village, Kavali Mandal Nellore District. ..... PETITIONER AND 1 The Director General (Road Development) and Special Secretary, New Delhi. 2 The Revenue Divisional Officer, Kavali Mandal, Nellore 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 an order or a direction or a writ more particularly a writ in the nature of mandamus declaring the action of the respondents in interfering in peaceful possession and enjoyment of the petitioner's land in S.No.108 of an extent of Ac. 1.07 cents of Musnur Village, Kavali Mandal, Nellore District as arbitrary, illegal and violative of principles of natural justice and pass. Counsel for the Petitioner:MR.P.PRATAP REDDY Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM Writ Petition No. 16386 of 2004 Oral Order: The petitioner is aggrieved that the respondents are interfering with his peaceful enjoyment and possession of agricultural land of an extent of Ac.1-07 cents, situated in Survey No. 108 of Musnur village, Kavali Mandal, Nellore District, without following the due process of law. The second respondent-Revenue Divisional Officer, Kavali has filed a counter affidavit stating that the third respondent-National Highways Authority of India had sought acquisition of private patta lands, inter alia, in Survey No.108 of Musnur village, for the purpose of widening of the National Highway No.5. The total extent of Survey No.108 is Ac.2.30 cents, of which an extent of Ac.0.74 cents was requisitioned by the third respondent for widening of the National Highway No.5. Initially, Survey No.108 was sub-divided as Survey Nos.108/1, 108/2 and 108/3. The land of the petitioner in an extent of Ac.0.74 cents, requisitioned by the third respondent, was in Survey No.108/2, and the due process for acquisition of this property was pursued under the provisions of the National Highways Act, 1956. After following the due process, including an award enquiry at which the petitioner was also present, an award was passed on 30.09.2003 and as there was a dispute with regard to entitlement to the compensation amount in respect of the extent of Ac.0.74 cents in Survey No.108/2, the amount of compensation was deposited in the Civil Court. The second respondent clearly and categorically denies the entirety of the allegations in the writ petition that the petitioner was being dispossessed without following the due process of law. Learned counsel for the petitioner states that in view of the fact that the award has been passed and the amount deposited in the Civil Court, he would pursue appropriate remedies for receipt of compensation and does not wish to proceed with the writ petition, in the circumstances. In the circumstances stated, in particular by the learned counsel for the petitioner, the writ petition is dismissed as infructuous. The interim order granted by this Court on 14.09.2004 shall stand dissolved. However, there shall be no order as to costs. ____________________ GODA RAGHURAM, J. Date: 10.02.2009 Nsr