THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.19543 of 2009 ORDER: An extent of Acs.4.92 cents of land in Survey No.266/2 is available in Taduvai Village, Jangareddigudem Mandal, West Godavari District. The respondents have initiated steps for providing house sites in a part of that land. The petitioners state that they have lands in the ayacut of an irrigation tank and an approach road passes through the Government land in Survey No.266. The petitioners express fear that providing house sites in that land may block their passage. The respondents filed a counter-affidavit. It is stated that only 23 beneficiaries were provided house sites of Ac.0.02 cents each and still vast extent is available. It is also stated that the existing passage utilised by the petitioners is not being disturbed at all. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. The respondents have every right to provide house sites over the Government land. However, if a public passage or way, even in an undeveloped form, is existing, the same cannot be affected nor can be converted into house sites. The respondents categorically state that only Ac.0.46 cents out of Acs.4.92 cents of land was assigned and that the passage being utilised by the petitioners would not be affected at all. Taking the said statement made by the respondents on record, the writ petition is disposed of and it is directed that the respondents shall ensure that the allotment of house sites in R.S.No.266/2 is done in such a way that passage of adequate width is left to allow the movement of tractors, cattle and bullock carts. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:23.04.2010 kdl