IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 6315 of 2008 Between: Bogasamudram Guravaiah S/o. Peda Kotaiah, Male, R/o.H.No. 5-58, Botlapalem Village, Darsi Mandal, Prakasam District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary to Panchayat Raj, Secretariat, Saifabad, Hyderabad. 2 The Assistant Engineer, Panchayat Raj Department, Darsi, Prakasam District. 3 The Sarpanch, Botlapalem Gram Panchayat, Darsi, Prakasam District. .....RESPONDENTS 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 a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in marking a portion of petitioner's site and compound wall and insisting to vacate the same for road widening purpose from and out of petitioner's site and house property bearing assessment No. 449 adjoining the Public road covered by Sy.No. 400/1 of Botlapalem Village, without initiating Land Acquisition proceedings and following due process of law as illegal, irregular, arbitrary without jurisdiction violative of the provisions of Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14, 21 and 300A of Constitution of India and consequently direct the respondents not to dispossess the petitioner from any portion of said site and house property without following due process of law and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 6315 of 2008 ORDER: The petitioner approached this Court and filed the present writ petition with the following prayer: 2. To issue a writ of Mandamus declaring the action of the Respondents in marking a portion of petitioner's site and compound wall and insisting to vacate the same for road widening purpose from and out of petitioner's site and house property bearing assessment No. 449 adjoining the Public road covered by Sy.No. 400/1 of Botlapalem Village, without initiating Land Acquisition proceedings and following due process of law as illegal, irregular, arbitrary without jurisdiction violative of the provisions of Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14, 21 and 300A of Constitution of India and consequently direct the respondents not to dispossess the petitioner from any portion of said site and house property without following due process of law. 3. The matter was adjourned earlier enabling the standing counsel Mr. Prabhakar to get instructions. Today, when the matter is taken up for hearing, on instructions the standing counsel submitted that the petitioner is an encroacher and when the Gram Panchayat is laying a cement road on the existing road, the petitioner approached this Court by filing the present writ petition. 4. In view of the fact that the petitioner has no right what so ever and the Gram Panchayat is laying a cement road on the existing road, I see no merits in this writ petition and the same is liable to be dismissed. 5. Accordingly, the writ petition is dismissed at the stage of admission. No order as to costs. _____________________________ GOPALA KRISHNA TAMADA, J Dt: 17-04-2008 Rns. To 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj Department, Secretariat, Saifabad, Hyderabad. 2 The Assistant Engineer, Panchayat Raj Department, Darsi, Prakasam District. 3 The Sarpanch, Botlapalem Gram Panchayat, Darsi, Prakasam District. 4 Two CCs. 5 Two CD copies.