IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 17808 of 2008 Between: B.K. Ratnamma W/o. P. Govindappa R/o. Ramanahalli H/o. Narasambudi, Agali Mandal, Ananthapur District. ..... PETITIONER AND 1 The District Collector, Anantapur District. 2 The Tahsildar, Agali Mandal, Anantapur District. 3 The Executive Engineer, Panchayath Raj Department Penukonda , Anantapur District. 4 TheDeputy Executive Engineer, Panchayath Raj Department Madakasira , Anantapur District. .....RESPONDENTS Counsel for the Petitioner:MR.P.NARAHARI BABU Counsel for Respondent Nos.1 & 2: AGP FOR LAND ACQUISITION Counsel for Respondent Nos.3 & 4: AGP FOR PANCHAYAT RAJ The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in making preparation to form a road from Ramanahalli to Kurusanganapalli Village through the land of the petitioner comprised in Survey No.295-2 of Narasambudi Village Polam of Agali Mandal, Anantapur District without following due process of law, as illegal and unconstitutional. Heard Sri P.Narahari Babu, learned counsel for the petitioner and learned Assistant Government Pleader for Land Acquisition and perused the record. The petitioner claims that she is the absolute owner of land admeasuring Acs.4.35 cents in Survey No.295-2 of Narasambudi Village Polam of Agali Mandal, Anantapur District. She claimed to have purchased the said land under registered sale deed, dated 13.08.1982 (mistakenly mentioned as 13.08.1928 in the affidavit). The grievance of the petitioner is that a road is proposed to be laid by respondent No.4 on the said land. She specifically alleged that on 11.08.2008, respondent No.4 came to her land with his men and measured the same with the active support of some villagers. This action is called in question by the petitioner as unconstitutional. The State or its Officers cannot acquire the private lands without following due process of law. Either they need to take the consent of the landowner or initiate proceedings under the Land Acquisition Act, 1894 to acquire the lands of the private persons, if the same are required for public purpose. Having regard to the grievance of the petitioner that attempts are made to make use of her land for the purpose of laying a road, the respondents are directed not to interfere with the above-mentioned land of the petitioner without following due process of law. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of main petition, WPMP.No.23147 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 14th AUGUST, 2008. Note: issue copy by Monday. B/o kvni