IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 5558 of 2005 Between: Machina Pattabhi Naidu S/o. Kitchaiah Naidu R/o. Chinnarachapalli, H/o. Thummakonda Village, Chitvel Mandal, Kadapa District. ..... PETITIONER AND 1 The Revenue Divisional Officer, Rajampet, Kadapa District. 2 The Mandal Revenue Officer, Chitvel Mandal, Chitvel, Kadapa 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 a writ, order, or direction more particularly a writ of Mandamus declaring the action of the respondents in interfering with the peaceful and lawful enjoyment of the petitioner's rastha formed at his own costs from Thummakonda Road starting point in between Electric Transformer and Margosa tree through the land in Survey No. 82 which classified as Kalva Poramboke to his Patta land in Survey Nos. 86/3, 86/4 and 86/5 a total extent of 9.87 acres of Thummakonda Village, Chitvel Mandal, Kadapa District as illegal, arbitrary and unconstitutional and consequently direct the respondent not to interfere with the peaceful and lawful enjoyment of the metal road formed by the petitioner as per the direction of the 1st Respondent and pass such other or orders as this Honourable Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.G.DASARADHA RAMI REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: No counter affidavit is filed in this writ petition filed in March, 2005. The petitioner is aggrieved by the conduct of the respondents and their officers in interfering with his possession and lawful enjoyment of the path way formed by him at his own cost from Thummakonda road starting point in between electric transformer and Margosa tree in the land in survey No. 82 classified as Kalva Poramboke to his patta lands in survey No. 86/3, 4 and 5 for a total extent of Ac.9-87 cents of Thummakonda village, Chitvel mandal, Kadapa district. The petitioner is the owner of lands in survey Nos. 86/3, 4 and 5 of the village. As there was no pathway to reach his lands and there was a Kalva Pramboke land in survey No.82, he submitted an application to the District Collector, Karimnagar on 23-02-2004. Eventually the first respondent granted permission to the petitioner to form a metal road at his own cost so as to serve as pathway to reach his patta lands subject to certain conditions. Consequent on such permission granted, the petitioner formed a metal road and is cultivating his land by ingress and egress from the pathway. The petitioner alleges that after change of the political party in government, the respondents are interfering and trying to obstruct the pathway though without passing any order cancelling or modifying the earlier order permitting the laying of pathway. The petitioner has filed first respondent’s order dated 01-07-2004 permitting him to form a metal road to serve as pathway. An interim order of status quo was granted in W.P.M.P.No. 7368 of 2005 in this writ petition on 27-03-2005. As no counter affidavit is filed on the principle of non- traverse, it must be considered that the petitioner’s allegation regarding interference by the respondents is established since incontraverted. Accordingly the writ petition is allowed directing the respondents not to interfere with or prevent the petitioner from using the pathway in accordance with the permission granted by the first respondent by the proceedings dated 01-07-2004 without following the due process of law. There shall be no order as to costs. ____________________ GODA RAGHURAM, J Dated: 22-04-2008 Pvks/*