IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.6839 of 2008 Between: Mupparaju Malakondaiah, s/o Ramaiah, r/o Veera Raghavunikota (V), Lingasamudram (M), Prakasam District. ... PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary to Panchayat Raj and Rural Development Department, Secretariat, Saifabad, Hyderabad. 2. Veera Raghavunikota Gram Panchayat, rep. by its Executive Authority, Veera Raghavunikota (V), Linga Samudram Mandal, Prakasam District. 3. Tahsildar, Linga Samudram Mandal, 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 may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of respondents in contemplating to form road through the petitioner's site property of 860 sq. yards covered by Sy.No.262/3 of Veeraraghavunikota village without acquiring the same and without paying compensation, 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 property without following due process of law and to pass such other orders. Counsel for the Petitioner: Mr. NIMMAGADDA SATYANARAYANA Counsel for Respondent No.1: GP FOR PANCHAYAT RAJ Counsel for Respondent No.2: Mr. M. PRABHAKARA RAO Counsel for Respondent No.3: GP FOR REVENUE The Court made the following: ORDER: - According to the petitioner, he purchased an extent of 860 square yards in Sy.No.262/3 of V.R. Kota village, vide registered sale deed dated 03-12-2007 and thus he has become the absolute owner, possessor and enjoyer of the said land. Despite the said ownership, second respondent is laying a road through the center of the said site without authority under any law. Hence, he approached this Court and filed the present writ petition. 2. Learned standing counsel for second respondent Gram Panchayat on instructions has submitted that there is no proposal to lay such a road either through the land belongs to the petitioner or through some other lands. 3. Recording the said submission, the writ petition is dismissed at the stage of admission. No order as to costs. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.23-04-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Saifabad, Hyderabad. 2. The Executive Authority, Veera Raghavunikota Gram Panchayat, Veera Raghavunikota (V), Linga Samudram Mandal, Prakasam District. 3. The Tahsildar, Linga Samudram Mandal, Prakasam District. 4. 2CCs to 5. 2CD copies Form-NIC-OGS/WP{KURR}