The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.22489 of 2010 Date: 08-09-2010 Between: Relangi Eeshwara Sadvilasa Rao ..... Petitioner AND The Project Director, National Highways Authority India, Door No.78-14-21, Shyamalanagar, Rajahmundry, East Godavari District and 3 others .....Respondents Counsel for the Petitioner: Mr.P.R.K.Amarendra Kumar Counsel for respondent No.1: ----- Counsel for respondent Nos.2 to 4: GP for Land Acquisition The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of the respondents, in seeking to demolish the property comprised in RS.No.489/1 admeasuring 418 square yards with RCC roof house at Palacherla Village, Lalacheruvu Gram Panchayat, Rajanagaram Mandal, East Godavari District, as illegal and arbitrary. I have heard Sri P.R.K.Amarendra Kumar, learned Counsel for the petitioner, and the learned Government Pleader for Land Acquisition representing respondent Nos.2 to 4. The learned Counsel for the petitioner submitted that the above-mentioned property is a private property exclusively belonging to the petitioner and that without initiating the land acquisition proceedings, the respondents have marked the said property and are seeking to demolish the same for the purpose of laying the National Highway. The learned Government Pleader for Land Acquisition, on instructions, submitted that as of now, there is no immediate threat of demolition and that so far, marking of the properties alone has been made. The question as to whether the property in question is a private property belonging to the petitioner or not is a disputed question, which cannot be adjudicated in this Writ Petition. As the petitioner made a claim that the property in question belongs to him, it is appropriate that respondent No.3 adjudicates this dispute As the petitioner has not, so far, made any representation to respondent No.3, he is permitted to make such representation within a period of three weeks from today. If such a representation is received, respondent No.3 shall hold an enquiry, by giving an opportunity to the petitioner to produce the necessary evidence in support of his claim that the property in question belongs to him, and pass appropriate order thereon. If it is found that the property in question is a private property belonging to the petitioner, the respondents shall not proceed further with the proposed acquisition without acquiring the same in accordance with law. Subject to the above-direction, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.28664 of 2010, filed by the petitioner for interim relief, is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 8th September, 2010 lur