IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4871 of 2008 Between: K.Shamsheer S/o Gafoor R/o Door No. 13-44, palinenivaripalli (V) Pakala (M), Chittoor District. ..... PETITIONER AND 1 State of Andhra Pradesh, rep by its Principal Secretary to Panchayat Raj and Rural Development Department, Secretariat, Saifabad, Hyderabad. 2 Executive Engineer, Panchayat Raj Department, Tirupathi, Chittoor District. 3 Mandal Parishad, Pakala rep by its Mandal Parishad Development Officer, Pakala Mandal, Chittoor District. 4 Irangaripalli Gram Panchayat rep by its Executvie Authority-cum- Panchayat Secretary, pakala Village and Mandal, Chittoor District. 5 C. Vishwanadha naidu S/o Not known R/o New Colony, Pakala (V&M) Chittoor 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 more particularly one in the nature of writ of Mandamus declaring the action of the respondents in insisting the petitioner to vacate from the house bearing door No. 13-44 and site property covered by survey Number 1153B/2B of Palinenivaripalli Village, for Formation of road from Pakala to pantapalli Village, withotu acquiring the property following due process of law as illegal, irregular, arbitrary without jurisdiction and violative of Articles 14 21 and 300-A of Constitution of India and consequently direct the Respondents not to form any road through the said house and site property and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance sof the case. Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: MR.R.RAMACHANDRA REDDY The Court made the following: Form-NIC-OGS/WP{TRT} THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4871 of 2008 ORDER: The Petitioner filed the present writ petition with the following prayer: “To issue Writ of Mandamus declaring the action of the respondents in insisting the petitioner to vacate from the house bearing door No. 13-44 and site property covered by survey Number 1153B/2B of Palinenivaripalli Village, for Formation of road from Pakala to Pantapalli Village, without acquiring the property following due process of law as illegal, irregular, arbitrary without jurisdiction and violative of Articles 14 21 and 300-A of Constitution of India and consequently direct the Respondents not to form any road through the said house and site property” The main grievance of the petitioner is that the respondents are proposing to acquire his land for the purpose of formation of Road from Pakala to Pantapalli village, without following due process of law. At the time of hearing, Mrs.Ch.Vedavani, learned Standing Counsel for the Gram Panchayat submitted that there is no such proposal for formation of Road from Pakala to Pantapalli village by acquiring the land of the petitioner. If at all that is required, the same will be done after following due process of law. In the light of the submissions made by the learned Standing Counsel for the Gram Panchayat, no orders need be passed in the present writ petition. However, recording the submissions of the learned Standing Counsel, the Writ Petition is disposed of, at the admission stage. ________________________________ GOPALA KRISHNA TAMADA,J Dated: 17.03.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of Andhra Pradesh, rep by its Principal Secretary to Panchayat Raj and Rural Development Department, Secretariat, Saifabad, Hyderabad. 2 Executive Engineer, Panchayat Raj Department, Tirupathi, Chittoor District. 3 Mandal Parishad, Pakala rep by its Mandal Parishad Development Officer, Pakala Mandal, Chittoor District. 4 Irangaripalli Gram Panchayat rep by its Executvie Authority-cum- Panchayat Secretary, pakala Village and Mandal, Chittoor District. 5. 2CCs to 6. 2CD copies Form-NIC-OGS/WP{KURR}