IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 5499 of 2002 Between: 1 C.H. Pulla Reddy S/o Chenna Reddy R/o H.No. 2-106, Vennachedu Venkatapuram Village, Vemsoor Mandal, Khammam District. 2 Gorla Sudhakar Reddy S/o Nagi Reddy R/o H.No. 2-110, Vennachedu Venkatapuram Village, Vemsoor Mandal, Khammam District. 3 G. Veera Reddy S/o Chenna Reddy R/o H.No. 3-38, Vennachedu Venkatapuram Village, Vemsoor Mandal, Khammam District. ..... PETITIONER(S) AND 1 District Collector, Khammam, Khammam District. 2 Superintendent Engineer (R&B) Circle, Khammam. 3 Executive Engineer (R&B), Khammam. .....RESPONDENT(S) Counsel for the Petitioner:MRC.H.KHORANA REDDY Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following : THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 5499 of 2002 ORAL ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in seeking to utilize the land in occupation of the petitioners for road widening purpose, without following the due process of law, as illegal. Heard Mr Raghavendra Reddy, learned counsel for the petitioners and learned Assistant Government Pleader for Roads and Buildings for respondents 2 and 3. The petitioners claim that their houses are located adjacent to 16’ road leading from Sathupally to Krishnaraopalem and that their families are in possession of the property for over a century. The grievance of the petitioners is that the respondents are seeking to widen the extent of 16’ road to the width of 66’ and as a consequence of the same, the land belonging to private individuals to the extent of 27’ on either side of the road is getting affected. The petitioners assail, the attempt of the respondents to utilize their land without following due process of law, as wholly arbitrary. In the counter affidavit filed by respondent no.3 he denied the allegation that the petitioners are in possession of the land in dispute for more than a century. It is averred that about two decades back the roads were handed over to Roads and Buildings Department and at that time, the width of the road from boundary to boundary was 20 meters. It is also stated that the land in dispute is in possession of the Roads and Buildings Department since 1974. The respondent no.3 made a specific allegation in the counter that petitioners encroached into the Government land, which is vested with the Roads and Buildings Department and the encroached land is within the boundaries of 10 meters from center of the road. No reply affidavit is filed by the petitioners to controvert the allegations contained in the counter affidavit. The petitioners have not filed any documents in support of their contention that the space which is proposed to be utilized for road widening belongs to them. Except the mere assertion in the affidavit that their families are in possession over a century, the petitioners failed to substantiate the same by producing any documentary evidence in its support. Therefore, this Court on mere ipse dixit of the petitioners cannot assume that the land which the respondents are seeking for widening of the road, belongs to petitioners. However, this Court is of the view that in the interest of justice, the respondents shall permit the petitioners to make a representation within a period of two weeks from today and if the petitioners are able to show that they are the owners of the property in dispute, the petitioners shall not be dispossessed, without following the due process of law. Conversely, if the respondents are not satisfied about the title of the petitioners, they shall be free to utilize the land for the purpose of road widening. Subject to above observations, the writ petition is disposed of. No costs. _______________________ C.V.NAGARJUNA REDDY,J Date : 27.2.2008 tvk ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 5499 of 2002 Date: 27.2.2008 To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SRAVAN}