HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.9211 of 2005 Date : 26.08.2010 Between : Shaik Abdullah. …..Petitioner And The Sarpanch, Grampanchayat, Medipally & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.9211 of 2005 ORDER : In this writ petition, it is the grievance of the petitioner that the 1st respondent-Grampanchayat is constructing a road from his land admeasuring Ac.3.39 gts., in Sy.No.107 of Medipalli village of Ghatkesar Mandal in Ranga Reddy District. It is the case of the petitioner that he is the absolute owner and possessor of the aforesaid land, and inspite of the same, the 1st respondent-Grampanchayat started laying road from a portion of the said land on the South- Western side, without initiating any land acquisition proceedings and also without paying compensation. It is also stated that an application was filed by the petitioner before respondents 1 and 3 for demarcation of the land owned by him. Counter affidavit is filed on behalf of respondents 2 and 3, wherein, while denying the allegations made by the petitioner, respondents 2 and 3 have admitted that the land admeasuring Ac.3.39 gts. in Sy.No.107 of Medipally village as private patta land of the petitioner. However, with regard to the application made by the petitioner for survey and demarcation of the land, it is stated that as the tippons were not readily available in the office of the Assistant Director of Survey and Land Records, Ranga Reddy District, the survey was not conducted and the petitioner was also issued a memo to that effect. At the time of admission, this Court granted interim directions on 28.04.2005, to maintain status quo. Although the writ petition is of 2005, no counter affidavit is filed on behalf of the 1st respondent-Grampanchayat. If the private patta land of the petitioner is required for constructing a road, which is for public purpose, it can be done only by obtaining the consent of the petitioner to part with the land, or by initiating proceedings under the Land Acquisition Act, 1894. As much as it is the case of the petitioner that he is the owner and possessor of the aforesaid land, which is also confirmed in the counter affidavit filed by respondents 2 and 3, and in the absence of any counter by the 1st respondent-Grampanchayat, this writ petition is disposed of, directing the respondents not to evict the petitioner or to lay any road from his land admeasuring Ac.3.39 sq. yards in Sy.No. 107 of Medipally village, as otherwise than due process of law. It is also made clear that if any land of the petitioner is required for public purpose, it is open for the respondents either to obtain his consent to part with the land or initiate proceedings under the Land Acquisition Act, 1894. Subject to the aforesaid directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 26th August 2010 ajr