THE HON’BLE SRI JUSTICE V ESWARAIAH W.P.NO. 3967 OF 2005 DATE: 31.3.2011 BETWEEN: Dubbaka Venkat Reddy petitioner And The District Collector, Warangal and ors Respondents Counsel for the petitioner : Mr. J Venkateshwar Reddy Counsel for the respondents 1 to 3: G.P. for Land Acquisition Counsel for respondent No. 4 : Mr. K.Upender Reddy The Court made the following order: THE HON’BLE SRI JUSTICE V ESWARAIAH W.P.NO. 3967 OF 2005 ORDER: This writ petition is filed questioning the action of the respondents 1 to 3 in not paying any compensation in respect of land admeasuring Ac.0.19 guntas in Survey No. 162 and 167 of Narsampet village, Warangal district as illegal. It is the case of the petitioner that he is owner and possessor of land to an extent of Ac.4.24 guntas in Survey Nos. 162 and 167 of Narsampet village, Warangal. Out of the said land, an extent of Ac.3.29 guntas was acquired for providing house sites to backward class community. Thereafter in the year 1991, the lands near to the petitioner’s land in various survey numbers was acquired for establishment of agricultural market yard. The land of the petitioner is stated to be situated opposite to the main gate of the market yard and the petitioner alleges that respondents laid a road through his land without initiating any acquisition proceedings nor any compensation is paid to him as provided under the law. The petitioner states that he has objected for laying of the road. In spite of several persuasions, since no action is taken, the petitioner filed the present writ petition. A counter affidavit is filed on behalf of respondents 1 to 3 admitting that land to an extent of Ac.3.29 guntas in Survey Nos. 162 and 167 of Narsampet village was acquired for providing house sites to weaker sections and compensation was already paid. It is also stated that land to an extent of Ac.7.36 guntas was also acquired for establishment of Agricultural Market Committee and compensation was paid to the pattedars. As regards laying of road in petitioner’s land, it is stated that without submitting any requisition, the 4th respndent /Agricultural Market Committee, has laid the road through petitioner’s land admeasuring Ac.0.19 guntas in Survey Nos. 162 and 167, Narsampet village and that on receipt of requisition from the 4th respondent, appropriate land acquisition proceedings in accordance with law would be initiated and compensation would be paid to the petitioner. The 4th respondent/Agricultural Market Committee also filed a counter affidavit wherein it is stated that in the year 1989 lands to an extent of Ac.21.04 guntas in survey Nos. 168, 170 to 183 was acquired and Agricultural Market Committee yard was established therein. It is stated that Agricultural Market yard is away from the land covered by survey Nos. 162 and 167 and the road laid therein is not laid by them. It is further stated that before the acquisition of land, there was a big road in front of the main gate and it is specifically stated that the market committee has not laid any road outside its compound wall. Heard the learned counsel for petitioner, learned Government Pleader for Land Acquisition and learned counsel for 4th respondent Market Committee Mr. K Upender Reddy. In the counter affidavit filed by second respondent/Revenue Divisional Officer on behalf of respondents 1 to 3, it is stated that land to an extent of Ac.7.36 in Survey Nos. 162 and 167 of Narsampet village, Warangal was acquired for establishment of Agricultural Market Committee and compensation is also paid to pattedars. Further, it is specifically stated that the 4th respondent has laid the road through the petitioner’s land in survey Nos. 162 and 167 admeasuring Ac.0.19 guntas without giving any requisition and that on receipt of requisition, appropriate proceedings would be initiated and compensation would be paid to the petitioner. However, the 4th respondent /Agricultural Market Committee denies the same and contends that it has not laid any road outside its compound. Thus, there is a controversy with regard to laying of road by the Agricultural Market Committee in the petitioner’s land, which is a factual aspect and the same cannot be gone into by this Court. However, the petitioner cannot be deprived of his right over his property and it is for the concerned authorities to conduct an enquiry and fix the boundaries in respect of the land acquired for Agricultural Market Committee, the land acquired for providing house sites to backward classes and the land of the petitioner to an extent of Ac.0.19 in Survey nos. 162 and 167 of Narsampet village. In the circumstances, the second respondent/Revenue Divisional Officer is directed to conduct an enquiry by issuing notices to all the concerned, fix the boundaries in respect of the land acquired and also the land of the petitioner in survey No. 162 and 167 of Narsampet village. The above exercise shall be completed within eight weeks from the date of receipt of copy of this order. On completion of the enquiry, if it is found that the road is laid in petitioner’s land without initiating any acquisition proceedings and the same is being used by the Agricultural Market Committee and others including the residents of Backward classes colony, the concerned Revenue Authorities shall permit the petitioner to fence his land for his enjoyment and possession. Subject to above, the writ petition is disposed of. No costs. ______________ V ESWARAIAH,J DATE: TVK THE HON’BLE SRI JUSTICE V ESWARAIAH W.P.NO. 3967 OF 2005 DATE: 31.3.2011