THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.1385 of 2008 Between: D.Seshagiri Rao .. PETITIONER and State of A.P., and others. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.1385 of 2008 ORDER: It is the case of the petitioner that he along with his son D.Vidya Sagar are the owners and possessors of the land admeasuring Ac.10-00 gts. in Sy.Nos.484 to 486 situated at Bachupally Village, Qutbullapur Mandal, R.R.District, having purchased the same from the original pattadars. It is stated that the name of the petitioner has also been mutated in the revenue records and he has been in possession and enjoyment of the said lands. While so, when respondents 1 to 3 herein made an attempt to lay a road through the lands of the petitioner, without initiating any land acquisition proceedings and without following due process of law, the petitioner filed W.P.No.2464 of 2003 before this court. Counters have been filed in the said writ petition stating that the Gram Panchayat has no proposal to lay the road through the lands of the petitioner and the gravel road laid from the house of Sri Moulana Saheb to Ellamma Temple does not touch the lands of the petitioner. Accordingly, in view of the statement made in the counters, the said writ petition was closed on 25-08-2005. It is the grievance of the petitioner that the respondents are again proposing to lay a road through the lands in Sy.Nos.484 to 486 of Bachupally Village, Qutbullapur Mandal, Ranga Reddy District. Therefore, the petitioner made a complaint before the police on 26-01-2008. But, the police have not taken any action. Therefore, the petitioner approached this Court seeking a Writ of Mandamus declaring the action of the respondents to lay a road through the lands in Sy.Nos.484 to 486 of Bachupally Village, Qutbullapur Mandal, Ranga Reddy District, as illegal and arbitrary. On a perusal of the counters filed by respondents 1 to 3 herein in W.P.No.2464 of 2003, it is to be seen that the Gram Panchayat, Bachupally laid the gravel road from the house of Sri Moulana Saheb to Ellamma Temple and the said road is not all touching the lands of the petitioner. Learned counsel appearing for the petitioner stated that on 25- 01-2008, the 3rd respondent visited the lands of the petitioner in Sy.Nos.484 to 486 and started the work of laying roads without initiating any land acquisition proceedings and without following due process of law. Admittedly, the petitioner has not made any representation about the alleged attempt to lay a road through the lands of the petitioner. Further, the similar contentions made in the earlier writ petition were disputed by respondents 1 to 3 herein stating that the road proposed to be laid is not all touching the lands of the petitioner. Therefore, this court wants to get instructions from the learned counsel appearing for the respondents, but the learned counsel appearing for the petitioner wants to dispose of the writ petition at the admission stage itself without waiting for getting instructions. In view of the counters filed in W.P.No.2464 of 2003 and in view of the closure of the said writ petition, it cannot be said that the respondents are again proposing to lay a road through the lands of the petitioner. However, without making any representation, no writ of Mandamus can be issued to the petitioner. Therefore, the writ petition is devoid of merit and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 29-01-2008 Prv