IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 15514 of 2003 Between: 1 C. Kireetappa s/o C. Ramappa Setty R/o Meda Bazar, Kalyanadurg, Anantapur district 2 C. Subramanyam s/o C. Kireetappa R/o Meda Bazar, Kalyanadurg, Anantapur district 3 C. Narasimha Murthy s/o C. Kireetappa R/o Meda Bazar, Kalyanadurg, Anantapur district 4 C. Govinda Rajulu s/o C. Kireetappa R/o Meda Bazar, Kalyanadurg, Anantapur district 5 C. Harish Babu s/o C. Kireetappa R/o Meda Bazar, Kalyanadurg, Anantapur district ..... PETITIONERS AND Anantapur Municipality, Anantapur rep by its Commissioner .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ of mandamus or any other appropriate Writ or direction declaring the action of the respondent inlaying the road in the patta land of the petitioner in R.S. No. 118/6 and Sy. No. 119/6 measuring an extent of ac. 0.30 cents of Papampeta Village, Anantapur Municipality without initiating proceedings under the Land Acquisition Act and without paying any compensation as illegal arbitrary and violative of Article 300-A of the Constitution of India and consequently direct the respondent not to lay the road in the petitioner land in R.S. No. 118/6 measuring an extent of Ac. 0.20 cents of Papampeta Village, Anantapur Municipality without following the process of law. Counsel for the Petitioners :MR.O.MANOHER REDDY Counsel for the Respondent: MR.S.I.NEWTON The Court made the following : ORDER : In this Writ Petition petitioners seek directions by way of Mandamus to declare the action of the Respondent Municipality in taking steps for laying the road in the patta land of the petitioner covered by R.S.No.118/6 and Sy.No.119/6, admeasuring an extent of Ac.0.30 cents, situated at Papampeta Village, Anantapur Municipality, as illegal and arbitrary. Though no counter-affidavit is filed on behalf of the Respondent Municipality, it is submitted by Sri S.I.Newton, the learned standing counsel appearing for the Respondent Municipality that there is no proposal to lay any road from the land of the petitioner covered by R.S.No.118/6 and Sy.No.119/6 of Papampeta Village. In view of the submissions made by the learned standing counsel for the Respondent Municipality, nothing remains in the Writ Petition for adjudication. Recording the statement of the learned standing counsel for the Respondent Municipality, the Writ Petition is disposed of. However, it is made clear that if the land of the petitioner is required for any public purpose either for constructing a road or any other purpose, this order does not preclude the Respondent Municipality to take steps in accordance with law. Subject to above directions, the Writ Petition is disposed of. No order as to costs. ___________________ R.SUBHASH REDDY, J. 02nd July, 2009. skmr