IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6085 of 2002 Between: E. Gangadar & others. … Petitioners AND Engineer-in-Chief, Panchayat Raj (W & E.S.) Dept., Erram Manzil, Hyderabad & others. … Respondents Counsel for the petitioner : Sri D. Bhaskar Reddy This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6085 of 2002 ORDER:- This writ petition is ﬁled for a writ of Mandamus to declare the action of the respondents in entrusting the work of laying road between Ratnapur to Mogilipet villages through the petitioners’ lands to respondent No.4, without acquiring the same, as illegal and arbitrary. The petitioners in their aﬃdavit averred that they are the owners of diﬀerent extents of land mentioned in paragraph 3 of the aﬃdavit situated in Mogilipet Village. They averred that respondent No.1 issued tender notiﬁcation dated 22.05.2001 calling for tenders for execution of several works, which include package No. AP 07 07 mentioned at Sl.No.51 of the notiﬁcation. According to the petitioners, this tender pertains to the abovementioned work and if the same is executed, their lands will get aﬀected, as the proposed road passes through their lands. The grievance of the petitioners is that without acquiring their lands and paying compensation to them, the respondents cannot utilize their lands. No counter-aﬃdavit is ﬁled controverting the averments contained in the affidavit. In the absence of denial by the respondents, the plea of the petitioners that the proposed road passes through their lands deserves to be accepted. Therefore, the writ petition is allowed. The respondents are restrained from laying road in the lands of the petitioners without acquiring the same by following due process of law. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.7613 of 2002 ﬁled by the petitioners for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 30.09.2008 ES