IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12318 of 2002 Between: 1 V.Udayanaga Bhaskara Rao, S/o Narasimham R/o Bhimavaram Village, Vemsoor Mandal, Khammam District. 2 V.Rambabu, S/o Narasimham R/o Bhimavaram Village, Vemsoor Mandal, Khammam District. 3 Smt. Thota Revathi Kumari, W/o Venkateswara Rao, R/o Bhimavaram Village, Vemsoor Mandal, Khammam District. 4 V.Venkateswara Rao, S/o PeddaAppaiah R/o Bhimavaram Village, Vemsoor Mandal, Khammam District. 5 V.Satyanarayana, S/o Pedda Appaiah R/o Bhimavaram Village, Vemsoor Mandal, Khammam District. ..... PETITIONERS AND 1 The Asst.Executive Engineer (PR) Vemsoor Village and Mandal, Khammam District. 2 The Deputy Executive Engineer (PR) Sathupalli, Khammam Distirct. 3 The Mandal Revenue Officer, Vemsoor Mandal, Khammam 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 to issue writ or direction preferably Writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from their agricultural lands i.e., admeasuring Ac.2-00 in Sy.No. 256 AA, Ac.1-16 gunts in the same Sy.No.256 AA, Ac.1-01 gunts in Sy.No. 255 E,Ee, Ac.3.04 1/2 in Sy.No. 252 AA, 252 A/A, Ac.4-05 in Sy.No.252 AA, 252 A/A situated at kandukuru Village, Vemsoor Mandal, Khammam District on the ground that land is required for laying a Village road without any notice and without following any procedure is illegal, arbitrary violative of principles of natural justice and violative of Art. 300A of Constitution of India and consequently direct the respondents not to dispossess the petitioners from their lands. Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12318 of 2002 ORDER: Five petitioners, who are residents of Bhimavaram village of Vemsoor Mandal in Khammam District, own different extents of lands comprised in Sy.Nos.256 AA, 255 E,Ee, 252 AA and 252 A/A situated at Kandukuru Village of Vemsoor Mandal in Khammam District. They also stated that they obtained pattadar passbooks and cultivating lands. It is their case that respondents are trying to dispossess them for acquiring land for laying Village internal road. Apprehending coercive dispossession, they filed present writ petition seeking direction to respondents not to dispossess them. This writ petition was admitted by this Court on 09.7.2002. Even seven years thereafter, respondents have not filed counter affidavit either opposing writ petition or traversing allegations made in the affidavit accompanying writ petition. The main relief, petitioners are seeking, is that they should not be dispossessed without due process of law ignoring Article 300A of Constitution of India. Therefore, this Court observes that if lands owned by petitioners are required for laying road, respondents shall follow due process of law under Land Acquisition Act, 1894 and till then they shall not be dispossessed. The writ petition, with the above observation, is accordingly disposed of. _____________ (V.V.S.RAO,J) August 07, 2009 YS