IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20258 of 2008 Between: 1 Kapu Govindappa S/o.Sannarangappa R/o.Sankaragallu H/o. Rallapalli, Gudibanda Mandal, Anantapur District. 2 Golla Muddappa S/o.Kuntappa R/o.Kenchayana Palyam H/o. Rallapalli, Gudibanda Mandal, Anantapur District. 3 Golla Nagendrappa S/o.Pujeri Chettappa R/o.Kenchayana Palyam H/o. Rallapalli, Gudibanda Mandal, Anantapur District. ..... PETITIONERS AND 1 The District Collector, Anantapur District at Anantapur. 2 The Revenue Divisional Officer, Penukonda, Anantapur District. 3 The Tahasildar, Gudibanda Mandal, Anantapur District. 4 The Executive Engineer, Panchayat Raj Department, Penukonda, Anantapur District. 5 The Deputy Executive Engineer, Panchayat Raj Department, Madakasira, Anantapur 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 an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the respondents in making preparation to form a road from Kanchiahpalem Village to Madakasira through the lands of the petitioners viz., Sy.Nos. 424/1B, 422/5A, 384/2B, 422/1B, 414/2, 414/5 of the 1st petitioner situated in Rallapalli Village Polam, in Sy.Nos.10/2C,9/2, 9/4, 10/2A of the 2nd petitioner situated at Pilepalli Village Polam, and in Sy.No.8/2 of the 3rd petitioner situated at Pilepalli Village Polam of Gudibanda Mandal, Ananthapur District, without following any procedure known to law as illegal, arbitrary and without jurisdiction and violative of Article 21 and 300-A of the Constitution of India, and consequently direct the respondents to forbear the proposal of form a road from Kanchiahpalem village to Madakasira through the petitioners lands, and pass such other order or orders. Counsel for the Petitioners:MR.P.NARAHARI BABU Counsel for the Respondents : GP FOR LAND ACQUISITION The Court made the following : ORDER: The petitioners claim to be the owners of lands in various survey numbers of Rallapalli Village, Gudibanda Mandal, Ananthapur District. Their grievance is that the respondents are taking steps to lay road from Kenchayana Palem Village to Madakasira, across their lands. Heard learned counsel for the petitioners and learned Government Pleader for Panchayat Raj. It hardly needs any emphasis that the Government cannot utilize the lands of private individuals for any public purpose, without initiating proceedings under the Land Acquisition Act, 1894 (for short ‘the Act’), or without obtaining consent of the respective owners. The petitioners assert that the respondents are trying to lay road across their lands. If the same is true, the steps initiated by the respondents would be totally untenable and illegal. In case, the respondents need the lands of the petitioners for laying a road, they have to initiate proceedings under the Act. Hence, the Writ Petition is disposed of, directing that the respondents shall not utilize the lands of the petitioners, without initiating proceedings under the Act, or without obtaining their speciﬁc written consent. There shall be no order as to costs. ____________________ Dt.30.09.2008 L.NARASIMHA REDDY, J GJ