IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND SEVEN PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8193 of 2008 Between: 1 Mopuri Papi Reddy S/o.Linga Reddy R/o.2-48 Ward No.2 Residing at Nagabhotlapalem , Thallur Mandal Prakasam District 2 Kaniboina Sayanna W/o.trhurupathayya R/o.2-56,Ward No.3 Residing at Nagabhotlapalem , Thallur Mandal Prakasam District 3 Poboina Dhanalakshmi W/o.Kasivishwanadh Residing at Nagabhotlapalem , Thallur Mandal Prakasam District ..... PETITIONERS AND 1 The Superintending Engineer, Roads & Buildings Ongole, Prakasam District. 2 The Executive Engineer, Roads & Buildings kanigiri, Prakasam District 3 The District Collector, Prakasam District, at Ongole 4 The Mandal Revenue officer, Thalluru Mandal Prakasam District 5 The Sarpanch, Nagambhotlampalem Gram panchayat, Thallur Mandal, Prakasam District 6 The Secretary, Nagambhotlapalem Gram panchayat, Thallur Mandal, Prakasam 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 may be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents demolishing the petitioners houses bearing No.s2- 48,2nd ward, 2-56 3rd ward 3-68 3rd ward Nagambhotlapalem , Thallur Mandal, Prakasam District without issuing any notice and without paying any compensation is as illegal, arbitrary, and against the principles of natural justice and in violation of provisions of Land Acquisition Act and consequently direct the respondents to follow the provisions of Land Acquisition Act. Counsel for the Petitioners: MR.V.ROOPESH KUMAR REDDY Counsel for the Respondent Nos.1, 2 and 6: GP FOR PANCHAYAT RAJ & RURAL DEV. Counsel for the Respondent Nos.3 and 4: GP FOR REVENUE Counsel for the Respondent No.5 : Sri M.Prabhakar (sc for Gram Panchayat) The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8193 of 2008 ORDER: Petitioners are stated to be the absolute owners of houses bearing Nos.2-48, 2-56 and 3-68, situated at Nagambhotlapalem village of Thallur Mandal in Prakasam District, having inherited the same from their ancestors. They allege that in the first week of March 2008, respondents 1 and 2 demanded them to vacate their houses stating that the same are required for construction of C.C., pavements from kilometers 20/900 to 21/3000 of Rajampalli- East Gangavaram road. Thereafter, despite protest, respondents demolished their houses without following due process of law. Hence, this writ petition. When this matter was taken up for hearing on 16.04.2008, the learned Assistant Government Pleader for Roads & Buildings sought time to get instructions. Today, on instructions, the learned Assistant Government Pleader, submitted that the road Rajampalli – East Gangavaram from Km. 0/0 to 26/435 was taken over from Z.P. Authorities in the year 1999 and the Nagambotlavaripalem village, where the houses of the petitioners are located, is from Km20/900 – 21/300 of the said road. Further, the work for construction of C.C. pavements in Nagambotlavaripalem village limits was sanctioned with an estimated package of Rs.29,45,239/- and before execution of work, the authorities have marked the road boundaries. It is also stated that the work is in progress and the sand filling and construction of Granular sub-base 200 meters completed and other 200 meters is in progress. It is also further stated that the respondent-authorities are not encroaching into the private land for laying the C.C., pavement. In the light of the said submission and as the houses of the petitioners were already demolished, this Court is of the view that the relief sought for in this writ petition cannot be granted to the petitioners. If the petitioners establish that they are the absolute owners of the houses in question and the houses were demolished without recourse to the provisions of the Land Acquisition Act 1894 , then only they are entitled to compensation. Further, as it is stated by the respondents that it is only in the road margins the C.C., pavement is laid, petitioners cannot have any grievance. Accordingly the writ petition is dismissed. There shall be no order as to costs. __________ 17.04.2008 sh 1 The Superintending Engineer, Roads & Buildings Ongole, Prakasam District. 2 The Executive Engineer, Roads & Buildings kanigiri, Prakasam District 3 The District Collector, Prakasam District, at Ongole 4 The Mandal Revenue officer, Thalluru Mandal Prakasam District 5 The Sarpanch, Nagambhotlampalem Gram panchayat, Thallur Mandal, Prakasam District 6 The Secretary, Nagambhotlapalem Gram panchayat, Thallur Mandal, Prakasam District