IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 23403 of 2008 Between: 1 Smt. Jayanthi Bharat Kumar W/o. Dr. Bharat Kumar Krishna Swamy R/o. 4th Floor, Varsha Apartments, Pandu Rangapuram, Visakhapatnam. 2 Smt. Vijaya Laxmi Bisht W/o. Sri Giridhar Singh Bisht Residing at Boraborooach Tea Estate, P.O. Bararura, Assam. (Both the petitioners are reptd.by their power of attorney holderMrs.Battepalli Chitti Babu,S/o.LateB.Venkata Subbaiah, Age:60, R/o. Flat No.96-1, Dasapalla Hills, Vskptnm.-III.) ..... PETITIONERS AND 1 The Greater Municipal Corporation of Visakhapatnam Rep. by it's Commissioner, Visakhapatnam. 2 The Dist. Collector Visakhapatnam Visakhapatnam Dist. .....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 of Mandamus or any other appropriate Writ, Order or direction, declaring the action of the respondents herein, laying road in Sy.No.1028 of Visakhapatnam Dist., as illegal, arbitrary, with out jurisdiction and contrary to the provisions of Land Acquisition Act, and consequently direct the respondents herein, not lay roads with out acquiring the land under Land Acquisition Act. Counsel for the Petitioner:MR.RAMA RAO MAVIDI Counsel for Respondent No.1: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) Counsel for Respondent No.2: GP FOR REVENUE The Court made the following : ORDER: According to the petitioners, after prolonged litigation, they became the absolute owners of the land situated in Sy.No.1028 of Waltair Ward, Visakhapatnam. The respondents, without following due process of law i.e., either acquiring the land under the provisions of the Land Acquisition Act, or issuing any notice under the provisions of the Municipalities Act or under the Land Encroachment Act, highhandedly laying the road in the said land. Hence, they filed the present writ petition. Heard both the learned counsel. As the prayer itself is that said laying of the road is contrary to the provisions of the Land Acquisition Act, and no proceedings have been initiated, this Court is of the view that the writ petition can be disposed of, at the stage of admission, with a direction to the respondents not to lay any road in the land in question without following due process of law. If the petitioners claim right over the land in question, they can agitate before the authorities concerned about their title and possession of it. Accordingly, the Writ Petition is disposed of. No costs. __________________________ GOPALA KRISHNA TAMADA, J Date:26.11.2008 sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KBJ}