THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.13121 of 2002 Dated:07.07.2010 Between: Kondakindi Yacob Reddy, And another. ...Petitioners And The District Collector, R.R.District, Lakdi-ka-pool, Hyderabad, And another. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.13121 of 2002 ORDER: The land admeasuring Acs.13.34 guntas in survey No.527 was owned by one M.Venkataseeta Ram Reddy who had obtained Occupancy Rights Certificate under the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. The petitioners herein purchased Acs.6.25 guntas from out of it in survey No.527/part under registered sale deed dated 05.09.1995. They obtained necessary mutation and pattadar pass books from revenue authorities. Alleging that without initiating proceedings under the Land Acquisition Act, 1894, the respondents commenced laying the road in part of their land, the petitioners filed the instant writ petition. The second respondent filed counter affidavit stating as under. …It is submitted that total extent of Ac.13.34 gts. in Sy.No.527 is classified as “Dastagardan” Inam land in the name of M.Venkataseeta Ram Reddy and after obtaining Occupancy Rights Certificate, the Vendors of the Writ Petitioners have sold the land to an extent of Ac.6.25 gts, in favour of the Writ Petitioners and their names were also brought on record. The total extent of Ac.13.34 gts. is plain level land and there is a road in the above said land from the time immemorial over an extent of Ac.1.29 gts. which is shown in the map as well as in the Pahani as “Pot Kharab” i.e., uncultivable area as an extent of Ac.1.29 gts is being used by the villagers as Road from the time immemorial… It is submitted that on the request of the Villagers, the Assistant Engineer (Panchayat Raj), Divisional Engineer (Panchayat Raj) and Collector (Panchayat Raj) have sanctioned to take up the work under “Food for Work” for renovation of the existing Road passing through S.No.527 of Korremul village, as the road was spoiled by the Writ Petitioners and other land holders in Survey number 527, while cultivating the land fallen to their shares. The Writ Petitioners might have purchased the land in S.No.527 to an extent of Ac.6.25 gts., in good faith with their Vendor without knowing the fact that there is a road existing in the said survey number from times immemorial which was also shown in the Village Map and recorded in Records as “Pot Kharab”. Petitioners have not filed any reply affidavit denying the counter averments. Counsel, however, submits that the petitioners have no objection if the existing road in “Pot Kharab” is strengthened. But, in the guise of strengthening the road, the respondents are widening the road up to 30 feet duly encroaching upon the private land. The petitioners approached this Court alleging that the road is being laid without due process of law. This controverted in the counter affidavit, and the respondents contend that the existing road is strengthened. In the absence of any rebuttal by the petitioners by way of reply affidavit, the submission of the petitioners’ Counsel cannot be countenanced. Further, a perusal of the sale deed would show that on southern side of the petitioners’ land there is a 10 feet wide cart road and there is 10 feet wide cart road on the eastern side as well. This itself would belie any submission of the petitioners. If the petitioners claim that the land, which forms part of cart road, was also included in the sale deed under which they purchased the land, their remedy lies elsewhere. In this writ petition no relief can be granted. The Writ Petition is accordingly dismissed. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 07.07.2010 vs