THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.29230 OF 2011 ORDER: This writ petition is filed seeking to issue writ of Mandamus declaring the action of the respondent in depriving the rights of the petitioner over his land admeasuring 999 square yards situated in Sy.No.1279/1 to 5 of Korutla Shivar, within the limits of the respondent Municipality, by saying that, the petitioner shall leave his land more than the existing 50 feet from the middle of the road as illegal and arbitrary, and consequently, direct the respondent not to deprive the rights on any part of the land of the petitioner unless the land acquisition proceedings are initiated and compensation is paid to the petitioner. 2. It is the case of the petitioner that he is the absolute owner and possessor of the land admeasuring 999 sq.yards situated in Sy.No.1279/1 to 5 of Korutla Shivar within the limits of the respondent Municipality. He purchased the same under a registered sale deed in the year 2004. The said extent of land is facing to National High Way No.63 (old N.H.No.16). The width of the said road is 100 ft i.e., 50 ft either side from the center of the road. As some land grabbers are creating unnecessary litigation, to protect his land from the grabbers, the petitioner fenced his entire extent of land. Though the respondent Municipality has no authority or power to deprive his rights over the said extent of land, the respondent staff are coming to his land and threatening that they would remove the fencing made by him towards the road side, as he has to leave more than 50 ft. from the existing road from the center. Hence, the writ petition. 3. Learned counsel for the petitioner contended that even though 50 ft. of the land is left by the petitioner from the center of the road, officials of respondent Corporation are threatening to remove the fencing made by the petitioner and thereby interfering with the rights of the petitioner and hence, he prays to issue a writ of Mandamus. 4. On the other hand, learned Standing Counsel for respondent Municipality contended that so far, the respondent has not initiated any proceedings under the Land Acquisition Act for acquiring the land of the petitioner, and that in future, if the land is acquired, they will follow the due process of law, and as on today, there is no interference of the Municipality with the rights of the petitioner and hence, prays to dismiss the writ petition. 5. The factual matrix is not in dispute. The petitioner said to have purchased a land to an extent of 999 square yards within the limits of respondent Municipality. According to the petitioner, he left 50 ft. of vacant space from the center of the road and hence, there is no violation or encroachment on the road side. Therefore, in such circumstances, when the petitioner is utilizing his land to the extent permissible under law, the respondent Municipality has no power to interfere with the rights of the petitioner. If the respondent Municipality wants to take any action for the purpose of road widening, it is at liberty to take a decision for acquisition of land in accordance with law. Till then, it shall not interfere with the rights of the petitioner. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 01st November, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.29230 OF 2011 Date:01.11.2011 AMD