IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 22351 of 2008 Between: 1 Teegala Gangaraju S/o. Venkata Appa Rao, Hindu R/o. Madhura Nagar, Visakhapatnam. 2 Teegala Sanyasayya S/o. Venkata Appa Rao, Hindu R/o. Madhura Nagar, Visakhapatnam. Rep. by G.P.A. Holder Teegala Venkata Ramayya S/o. T.C.V. Ramayya, Hindu, 57 yrs, Occ: Properties, R/o. Kothavalasa, Vizianagaram District. ..... PETITIONER(S) AND 1 State of Andhra Pradesh, Rep. by its Secretary, Roads and Buildings, Secretariat Buildings, Hyderabad. 2 The Executive Engineer, Zilla Parishad, Vizianagaram. .....RESPONDENT(S) 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 to issue writ Order or Direction particularly in the nature of Mandamus declaring the action of the Respondent No.2 iln attempting to take possession of the petitioners land of Ac 0-27 1/2 cents in Sy .No. 18/1 of Dabolu Village, Kothavalasa Gram Panchayat and Manal, Vizianagaram District without followilng the procedure under Land Acquisition Act or any other law in force is arbitrary illegal and violation of Article 300-A of Constitution of India and direct the Respondent No.2 not to take possession of the petitioner's land without due process of law and grant such other relief or reliefs as the Honourable Court deems ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.SOMESWARA KUMAR Counsel for the Respondent No.: MR.M.PRABHAKARA RAO The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 22351 of 2008 ORDER: The petitioners claim to be the owners of Ac.0.27 cents of land in Survey No.18/1 of Dabolu Vilage, Kothavalasa Mandal, Vizianagaram District. Their grievance is that the respondents are trying to lay road in their land, without their consent and without payment of compensation. Heard the learned counsel for the petitioners, learned Government Pleader for Roads and Buildings and the learned Standing Counsel for the 2nd respondent. The petitioners have made a detailed mention of the manner, in which they acquired the rights vis-à-vis the property. In case, any land owned by a private individual is needed, for public purpose, the proceedings under the relevant provisions of law are to be initiated. Unless such proceedings are initiated or the consent of the land owner is obtained, the property cannot be put to public use. Hence, the writ petition is disposed of, directing that the respondents shall not use any land owned by the petitioners, without payment of compensation and without their consent. There shall be no order as to costs. _________ 16.10.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 22351 of 2008 Date: 16.10.2008 JSU