IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 21438 of 2008 Between: 1 Guda Hari Hara Prasad, S/o. Anantha Ramaiah, R/o. Chukkapur Village of Talakondapally Mandal, Mahabubnagar District. 2 Guda Chakravarth, S/o. Hari Hara Prasad, R/o. Chukkapur Village of Talakondapally Mandal, Mahabubnagar District. 3 Guda Sridhar, S/o. Hari Hara Prasad, R/o. Chukkapur Village of Talakondapally Mandal, Mahabubnagar District. ..... PETITIONERS AND 1 The Chief Engineer, Panchayat Raj Department, Erramanzil Colony, Hyderabad. 2 The Superintending Engineer, Panchayat Raj Department, Mahabubnagar, Mahabubnagar District. 3 The Executive Engineer, Panchayat Raj Department, Mahabubnagar, Mahabubnagar District. 4 The Deputy Executive Engineer, Panchayat Raj Department, Amangal Mandal, Mahabubnagar District. 5 The Asst. Executive Engineer, Panchayat Raj Department, Amangal Mandal, Mahabubnagar District. 6 The District Collector, Panchayat Raj, Mahabubnagar 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 will be pleased to issue a Writ, Order or Direction particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in proposing to lay the road from Balajinagar Tanda to Vittaypally Vilalge under the Tender Notification bearing 386/2008 dated 29-8-2008 O/o. C.E. P.R. Hyderabad without following the ude procedure of law under the Land Acquisition Act and without paying the compensation, as arbitrary, unconstitutional, illegal and void and consequently direct the Respondents not to lay the road from the lands S.Nos. 119, 120 and 124 belonging to the petitioners herien, without following procedure laid down under the Land Acquisition Act. Counsel for the Petitioner:MRK.SREENIVAS Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: This writ petition is filed by the petitioners aggrieved by the action of the respondents in proposing to lay the road in their lands situated in S.Nos.119, 124 and 120 of Yedavalli Village of Talakondapally Mandal without initiating any proceedings under the Land Acquisition Act, 1894 and without paying any compensation. This Court on 29.9.2008, while issuing notice before admission directed the respondents not to lay the road across the lands of the petitioners unless the same is acquired or there exists a notified road in accordance with the village map. Thereafter, the respondents filed a detailed counter affidavit along with a vacate stay petition seeking vacation of the said interim order. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Panchayat Raj. The counter affidavit filed by the Executive Engineer, Panchayat Raj, the 3rd respondent herein indicates that the Government of India under Prime Minister Gram Sadak Yojana has accorded funds for providing better infrastructure in the rural areas such as roads, drinking water, transportation and connectivity between villages, medical and health facilities etc., The work in question viz., the road from Balajinagar tanda to Vattaipalli, to an extent of 14 kms. on the existing road was administratively sanctioned by the government on 29.8.2008. It is stated that the said work would be taken up on the existing road only and not as contended by the petitioners through the private lands. However, if necessary, the private lands may be acquired after payment of due compensation. It is further stated that the laying of the road was properly examined by the authorities and there is no acquisition as the present laying is being made on the existing road; that the existing road touches Yedavalli village at 7/1 k.m and petitioners lands are located 300 meters away from the existing road and the proposed road do not pass through the fields of petitioner as alleged and that the writ petition is filed on mere apprehension. The above counter averments clearly indicate that the lands of the petitioners are not going to be effected by the laying of the road and even if they are required, they will be taken only after payment of due compensation. In that view of the matter, no further orders are required to be passed in this writ petition and it is accordingly closed. As a sequel, WVMP No.3755 of 2008 stands dismissed. N.V.RAMANA,J Dt.16.6.2009 msv