IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.22775 of 2008 Between: 1 Puppala Sammaiah S/o.Late Ramaiah Resident of Sitarampur village, H/o.Kadivendi Devarapalli Mandal, Warangal District 2 Pendam Bala Swamy S/o.Siddaiah Resident of Sitarampur village, H/o.Kadivendi Devarapalli Mandal, Warangal District 3 Pendam Chandra Mouli S/o.Narayana Resident of Sitarampur village, H/o.Kadivendi Devarapalli Mandal, Warangal District 4 Puppala Krishna Murthy S/o.Sattaiah Resident of Sitarampur village, H/o.Kadivendi Devarapalli Mandal, Warangal District 5 Bathula Sattaiah S/o.Rajaiah Resident of Sitarampur village, H/o.Kadivendi Devarapalli Mandal, Warangal District 6 Bathula Yadagiri S/o.Rajaiah Resident of Sitarampur village, H/o.Kadivendi Devarapalli Mandal, Warangal District 7 Nalla Sammaiah S/o.kanakaiah Resident of Sitarampur village, H/o.Kadivendi Devarapalli Mandal, Warangal District ..... PETITIONERS AND 1 The District Collector, Warangal District, Warangal 2 The Tahasildar, Devaruppala Mandal Warangal District 3 The Executive Engineer, Roads & Buildings Department Nalgonda 4 Andam Sanjeeva Reddy R/o.Nanegudem village Mothukuru Mandal, Nalgonda 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 trying to dispossess the petitioners from their lands in Sy.No.832 admeasuring Ac.0.30 and Ac.0.20 gts each (belonging to the petitioners 1,5 and 6) lands in Sy.No.827 admeasuring Ac.0.20 gts each (belonging to the petitioners 2 and 3) lands in Sy.No.727-J admeasuring Ac.0.30 gts and in SY.No.880 admeasuring Ac.0.20 gts (belonging to the petitioners 4 and 7) situated at Sitarampur village, H/o.Kadivendi village, Devaruppal Mandal, Warangal District is illegal, arbitrary, violation of the Article 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioners from their lands without due process of law and without initiating any proceedings under Land Acquisition Act and to 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 Petitioners: SRI J.VENKATESWARA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.22775 of 2008 ORDER: The petitioners, who are seven in number, own small extents of lands in survey Nos.727-J, 827, 832 and 880 situated at Sitharampur, Hamlet of Kadivendi, Devaruppal Mandal in Warangal District. They also obtained pattadar pass books in respect of the lands. They ﬁled the instant writ petition alleging that they raised paddy and cotton crops in their lands, but the fourth respondent commenced road formation works through their lands without due process of law and without acquiring the lands. Therefore, they seek a direction to respondents not to dispossess them without due process of law. Learned Assistant Government Pleader for Roads and Buildings Department, Sri Uday Raj, after getting instructions submits that the Department of Roads and Buildings is not laying any road in the petitioners’ lands, and there is existing panchayat cart track. The same is recorded. This Court further observes that if the petitioners’ lands are required for laying down the road or strengthening the existing panchayat cart track, the respondents shall have to initiate necessary action under the provisions of the Land Acquisition Act, 1894. The Writ Petition, with the above observations, is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) 18.11.2008 vs To 1 The District Collector, Warangal District, Warangal 2 The Tahasildar, Devaruppala Mandal Warangal District 3 The Executive Engineer, Roads & Buildings Department Nalgonda 4 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 5 2CD copies Form-NIC-OGS/WP{TRK}