IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.7128 of 2008 Between: Cheedi Lakshminarayana, s/o late Sankaranarayana, r/o Savaraddapanasa (V), Sarvakota (M), Srikakulam District. ... PETITIONER AND 1. The Dist Collector (P.R. Wing), Srikakulam District, Srikakulam. 2. The Chief Executive Officer, Zilla Parishad, Srikakulam 3. Divisional Engineer Panchayat Raj, M.D.O Office Complex, Narasannapeta, Srikakulam District. 4 Panchayat Secretary, Anguru Panchayat, Sarvakota Mandal, Srikakulam 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 may be pleased to issue writ of mandamus or any appropriate writ or order declaring the impugned action of the respondents in proceeding with laying the road across the backyard site of the petitioner in Sy.No.155/1 in an extent of Ac.0-13 cents situated at Savaraddapanasa (V) Sarvakota (M) Srikakulam District as illegal arbitrary and violative of principles of natural justice and for a consequential order directing the respondents not to lay the road through the site of the petitioner by dispossessing him from the above mentioned schedule property and to pass such other orders. Counsel for the Petitioner: Mr. CH. DHANAMJAYA Counsel for Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following: ORDER: - This writ petition is filed seeking a mandamus to declare the impugned action of respondents in proceeding with the laying of the road across the backyard site of the petitioner in Sy.No.155/1 in an extent of Ac.0-13 cents situated at Savaraddapanasa village, Sarvakota Mandal, Srikakulam District as arbitrary and illegal and consequently direct the respondents not to lay the road through the side of the petitioner by dispossessing him from the said property. 2. From a perusal of Ex.P2 dated 26-02-2008 annexed to the writ petition, it is clear that second respondent – Chief Executive Officer has directed the Executive Engineer, Panchayat Raj, Srikakulam, to enquire into the matter and send a report. From the above said letter it is also clear that the contention of the petitioners that respondents are proceeding with the laying of the road across the backyard site of the petitioners, is only an apprehension. However, pending consideration of the said letter, no road shall be laid across the backyard site of the petitioner. It is needless to observe that the authorities ultimately decide to lay the road across the backyard site of the petitioner; they may do so only after initiating proceedings under the Land Acquisition Act. 3. Accordingly, the writ petition is disposed of at the stage of admission. No order as to costs. _______________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.21-04-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Dist Collector (P.R. Wing), Srikakulam District, Srikakulam. 2. The Chief Executive Officer, Zilla Parishad, Srikakulam 3. The Divisional Engineer Panchayat Raj, M.D.O Office Complex, Narasannapeta, Srikakulam District. 4 Panchayat Secretary, Anguru Panchayat, Sarvakota Mandal, Srikakulam District. 5. 2CCs to 6. 2CD copies Form-NIC-OGS/WP{BMR}