IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO:24889 of 2001 Between: 1 B. Hanumantha Reddy, S/o. Sanjeeva Reddy, resident of Nagalur Village, Penukonda Mandal., Ananthapur District. 2 B. Gopal Reddy, B. Hanumantha Reddy, resident of Nagalur Village, Penukonda Mandal., Ananthapur District. ..... PETITIONERS AND Nagalur Grampanchayat Rep. by its Sarpanch, Nagalur Village, Penukonda Mandal, Ananthapur District. .....RESPONDENT Counsel for the Petitioners:MR. P.CHAKRAVARTHY FOR MR.O.MANOHAR REDDY Counsel for the Respondent:MR. P.RAGHAVENDRA REDDY The Court made the following : ORDER: This writ petition is ﬁled for a writ of mandamus to declare the action of the respondent in proposing to lay a road through the patta lands of the petitioners comprised in Survey No.654 of Nagalur Village, Penukonda Mandal, Anantapur District, without acquiring the same under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’), as illegal and unconstitutional. Heard the learned counsel for the parties and perused the record. The petitioners claim that they are the absolute owners of the land admeasuring Ac.0.88½ cents out of Ac.1.77 cents comprised in Survey No.654 of Nagalur Village, Penukonda Mandal, Anantapur District, having purchased the same from Devee Rama, Wife of K.Hanumantha Reddy, under registered sale deed, dated 25.02.1998. The petitioners alleged that due to local politics, the Sarpanch of the Gram Panchayat is taking steps to lay a road through the said land to reach Challapalli Village under Food for Work Programme. They averred that being absolute owners of the land, they cannot be deprived of the same without initiating proceedings under the Act. No counter-aﬃdavit is ﬁled by the respondent controverting the above noted averments contained in the affidavit of the petitioners. If the petitioners are the owners of the above- mentioned land, it is not permissible for the respondent to utilize any part of it without acquiring the same under the provisions of the Act. Therefore, the writ petition is allowed and the respondent is directed not to utilize the land of the petitioners either for laying of the road or any other purpose without acquiring the same under the provisions of the Act. C.V.NAGARJUNA REDDY, J 7th NOVEMBER, 2008. kvni