THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15065 OF 2010 DATED:07.07.2010 Between: V.Chandra Sekhar Reddy and another .. Petitioners And The Revenue Divisional Officer-cum-LAO, Dharmavaram, Anantapur District and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15065 of 2010 ORDER: The petitioners own lands (as alleged by them) in Survey Nos.189, 190-1, 190-2, 192-2 and 200-2 situated at Lingareddypally, Hamlet of Bathalapalli Village and Mandal in Anantapur District. There is existing road of 15 feet width from Anantapur Kadiri Main Road to Lingareddypally. They allege that so as to widen their existing road to 25 feet, the respondents have taken the land to an extent of four feet on the western side and an extent of three feet on the eastern side of the road, which land belongs to the petitioners. They complained the same to the second respondent during ‘Prajavani’ programme. By letter, dated 22.03.2010, it appears that the second respondent requested the third respondent to take necessary action. In turn, the latter informed that the work is not yet started and therefore the question of payment of compensation does not arise. In the meanwhile, the petitioners allege that the respondents are proceeding with the widening of the road. Therefore, the petitioners filed the instant Writ Petition seeking appropriate declaration and direction. The matter was initially listed on 01.07.2010. To enable the Assistant Government Pleader for Panchayat Raj to get written instructions, the matter was adjourned. Today, the Assistant Government Pleader has placed before this Court a letter dated 06.07.2010 received by the office of the Government Pleader from the Executive Engineer, P.R., Penugonda Division. It is stated therein that the work of providing BT surface to the existing road at an estimated cost of Rs.63.16 lakhs was sanctioned under PMGSY Phase VIII Programme and that as the road is already existing, the contractor commenced the work to upgrade the same to BT Standards. A perusal of the same would show that there is no clarity as to whether the petitioners land in the survey numbers mentioned hereinabove is also included for the purpose of BT work. The Assistant Government Pleader, however, submits that the respondents are not taking any piece of land belonging to the petitioners and the existing road alone is being strengthened. In view of the submissions and also the written instructions received by the Assistant Government Pleader, the Writ Petition is disposed of observing that if any part of the land of the petitioners either on the western side or on the eastern side is utilized for the purpose of BT work or for the purpose of strengthening the burms of the existing road, the respondents are required to follow the due process of law as contemplated under the Land Acquisition Act, 1894. In the guise of strengthening the existing road to BT Standards, the respondents cannot deprive the petitioners of their land. The Writ Petition, with the above observation, is disposed of. ________________ (V.V.S. RAO, J) 07.07.2010 Note:- Dispatch C.C. by 12.07.2010. (B/o) KH