IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 3373 of 2008 Between: 1 Satti Venakata Mohana Hanuman Reddy, @ Mohana Reddy, S/o. Pallayya, Kommara Village, Athili (M), W.G. District. 2 Satti Padmavathi, W/o. Satti Venakata Mohana Hanuman Reddy, Kommara Village, Athili (M), W.G. District. ..... PETITIONERS AND 1 The Revenue Divisional Officer / Land Acquisition Officer, Kovvuru, West Godavari district. 2 The Executive Engineer, R & B, Bhimavaram, West Godavari District. 3 The Asst. Executive Engineer, R & B, Athili, Athili Mandal, West Godavari District. 4 The Tahsildar, Athili Mandal, West Godavari District. 5 Grama Secretariat, Kommara represented by its Panchayati Secretary, Athili (M), West Godavari 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 Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in trying to acquire our land for the purpose of road extension and house pattas on the South-West and Northern sides of our lands in an extent of AC.4.18 cents in R.S.No.264/1to4, situated at Kommara Village, Kommara Gram Panchayat, Athili Mandal, West Godavari District as illegal, arbitrary and violative of Article 21 & 300 A of Constitution of India and consequently direct the respondents not to acquire our lands without following due process of law. Counsel for the Petitioners:MR.S.APPADHARA REDDY Counsel for Respondent Nos.1 & 4: AGP FOR LAND ACQUISITION Counsel for Respondent Nos.2,3&5: None appeared The Court made the following: ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in seeking to acquire the petitioners’ property for the purpose of extension of road and house site pattas on the South-West and Northern sides of their lands in Kommara Village and Gram Panchayat, Athili Mandal, West Godavari District, as illegal and arbitrary. Heard Sri S.Appadhara Reddy, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. The petitioners claim that they are the owners of land of an extent of Ac.4.18 cents in R.S.No.264/1 to 4 of Kommara Village and out of the said land, they have dug fish tanks over an extent of Ac.4.14 cents and on the remaining extent of Ac.0.04 cents, they constructed a permanent shed. They allege that due to political pressures, respondent Nos.1 to 4 recently came to their site and informed them that they are giving pattas to certain persons for house sites on the southern side of their land and that respondent No.5 informed them that they are going to remove the shed constructed by the petitioners on southern side for the purpose of extension of road. They further allege that the action of the respondents in seeking to remove a part of the shed of the petitioners situated on their land is illegal and arbitrary. Except expressing their apprehension that the respondents are seeking to remove the alleged shed existing on the petitioners’ land, no material is filed in support of the same. Be that as it may, in the wake of the said apprehension of the petitioners, the writ petition is disposed of with the observation that if the alleged structure exists in the patta land of the petitioners, the respondents shall not remove or interfere with the same, without following due process of law. As a sequel to disposal of main petition, WPMP.No.4388 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J 19th FEBRUARY, 2008 kvni .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Revenue Divisional Officer / Land Acquisition Officer, Kovvuru, West Godavari district. 2 The Executive Engineer, R & B, Bhimavaram, West Godavari District. 3 The Asst. Executive Engineer, R & B, Athili, Athili Mandal, West Godavari District. 4 The Tahsildar, Athili Mandal, West Godavari District. 5 Two CCs to the Government Pleader for Land Acquisition, High Court of A.P., Hyderabad. 6 2 CD copies