IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO : 15760 of 2009 Between: 1 Karnati Thirupathi Reddy S/o.Venkata Subba Reddy R/o.Ankabhupalem Village, Arthaveedu Mandal, Prakasam District. 2 Sirivella Venkatapathi S/o.Rangaiah R/o.Ankabhupalem Village, Arthaveedu Mandal, Prakasam District. 3 Nandireddy Venkata Reddy S/o.Chennaiah R/o.Ankabhupalem Village, Arthaveedu Mandal, Prakasam District. 4 Nune Subba Rangaiah S/o.Rangaiah R/o.Ankabhupalem Village, Arthaveedu Mandal, Prakasam District. 5 Nune Venkata Rangaiah S/o.Rangaiah R/o.Ankabhupalem Village, Arthaveedu Mandal, Prakasam District. 6 Nune Chinna Thirupathi S/o.Rangaiah R/o.Ankabhupalem Village, Arthaveedu Mandal, Prakasam District. ..... PETITIONERS AND 1 The Deputy Executive Engineer, Roads & Buildings, Giddaluru, Prakasam District. 2 The Superintendent Engineer, Roads & Buildings, Prakasam District, Ongole. .....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 a writ or order or direction more particularly in the nature of Writ of Mandamus to declare the action of the respondents in trying to lay the road through the lands of the petitioners without following due process of law and without acquiring the land under Land Acquisition Act as arbitrary and illegal and consequently direct the respondents not to lay the road through the land of the petitioners without following the due process of law and without initiating the proceedings under Land Acquisition Act in the interest of justice and to pass such other suitable orders.. Counsel for the Petitioner:MR.P.NAGENDRA REDDY Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following : ORDER: 1. The matter is coming up for admission. 2. The learned Assistant Government Pleader for Roads and Buildings, having taken notice on 5-8-2009 requested time to get instructions. 3. It is stated by the learned Assistant Government Pleader for Roads and Buildings that the respondents are not trying to lay any road through the lands of the petitioners since there is no necessity of laying such a road in the lands of the petitioners. 4. The same is recorded. 5. The Writ Petition is filed for a writ of mandamus declaring the action of the respondents in trying to lay road through the lands of the petitioners without acquiring the land under Land Acquisition Act as arbitrary, illegal and consequently direct the respondents not to lay road through the lands of the petitioners without following due process of law and without initiating proceedings under land acquisition. 6. It is stated that the petitioners are the owners of agricultural lands, the particulars of which had been specified. Further it is stated that the respondents are contemplating to lay a road through the lands of the petitioners without initiating land acquisition proceedings and without paying any compensation in this regard. 7. It is needless to say that if the respondents intend to lay any road whatsoever in the lands of the petitioners, the respondents are expected to follow the due process of law. However, in the light of the specific stand taken by the learned Assistant Government Pleader for Roads and Buildings that there is no such proposal at all to lay any road whatsoever in the lands of the petitioners, the same is hereby recorded and it is clarified that in the event of the respondents proposing to lay any such road whatsoever in the lands of the petitioners, the respondents to follow the due process of law. 8. The Writ Petition is accordingly disposed of. No costs. _____________________ Justice P.S.Narayana Date : 11-8-2009 AM