THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.27517 OF 2011 ORDER: This writ petition is filed seeking to issue writ of Mandamus declaring the action of respondent Nos.2 to 5 in diverting the proposed Master Plan 40’-0” wide road illegally through Survey No.173/1 starting from 80’-0” wide road to Ernala Kottala situated in Ananthapur Village Accounts, Ananthapur Sub-Division and Revenue Division, Ananthapur Municipal Area as illegal and arbitrary; and consequently, direct respondent Nos.2 to 5 to implement the approved Master Plan, dated 10.12.1976, of respondent No.1 going through Survey No.162/3 starting from 80’-0” wide road to Ernala Kottala situated in Ananthapur Village Accounts, Ananthapur Sub-Division and Revenue Division, Ananthapur Municipal Area. 2. The brief facts that are necessary for disposal of the present case are as follows: The petitioner is the wife of one M.Suresh Babu, who was brutally murdered on 31.08.2009. During the life time of the husband of the petitioner, he purchased a open plot admeasuring Ac.0.05 cents in Survey No.173/1 situated in Ananthapur Village Accounts, Ananthapur Sub-Division and Revenue Division, Ananthapur Municipal Area. Respondent No.2 gave a permission to construct a culvert near the petitioner’s house site and an unknown contractor dug a pit on 21.09.2011 and filled with cement and kankar mixture upto the ground level. The petitioner’s husband already filed an application, dated 06.03.2008, before respondent No.1 seeking clarification but no response was received from the said authorities. Petitioner’s husband purchased Ac.0.19 cents in Survey No.173/1 but lost 14.5 cents to 80’-0” wide road as per master plan leading from the APSRTC Bus Stand, Ananthapur to Guthi and now possessing only 4.5 cents near 40’ wide road as per the proposed master plan from 80’-0” wide road to Ernala Kottala, which is going through Survey No.162/3 i.e., northern side of the house site of the petitioner’s husband. Respondent Nos.2 to 5 illegally constructed a culvert in Survey No.173/1 adjacent to the house site of the petitioner’s husband instead of constructing in the Survey No.162/3. The petitioner submitted several representations to respondent No.2. Respondent No.2 gave a reply vide Rc.No.1417/2010-G2, dated 24.08.2010, stating that they would acquire the land from the plot owner as per the provisions of the Land Acquisition Act, if necessary. The petitioner constructed a compound wall around the said house site but the same was damaged by some miscreants and a complaint was lodged on 08.06.2010 and 28.09.2010 to the Police authorities, but no action has been taken by them. The unknown contractor of respondent No.2 has been rapidly constructing the said culvert in view of the Sakala Janula Samme and Courts’ abstaining by the Advocates in Hyderabad. Hence, the writ petition. 3. Learned Standing Counsel appearing for respondent Nos.2 to 5, on instructions, stated that there is no such proposal for laying of the road illegally through the land of petitioner and hence, prays to dismiss the writ petition. 4. From the proceedings, dated 24.08.2010, issued by Respondent No.2, it is clear that respondent No.2 informed the petitioner that it has not made any proposals for formation of road or laying of culvert pipes over the vanka and a 40’-0” proposed Master Plan road to be passed through the site in the possession of petitioner; and that the Department would acquire the land from the plot owner as per provisions of the Land Acquisition Act whenever needed by the Department. In view of above proceedings, no relief can be granted to petitioner. 5. When there is no proposal for diversion of the Master Plan road through the land of the petitioner, and the Department has made it clear that they have not made any proposals for formation of road or laying of culvert pipes over the vanka and a 40’-0” proposed Master Plan road to be passed through the site of the petitioner, question of issuing Mandamus does not arise. 6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 27th October, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.27517 OF 2011 Date: 27.10.2011 AMD