IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3739 of 2008 Between: Vanama Niranjan Rao, S/o.Laxmaiah, R/o.H.NO.9-2-22,Old Club Road, Khammam Town & District. ..... PETITIONER AND 1 The Ditrict Panchayat Officer, Khammam District. 2 The Divisional Panchayat Officer, Khammam Division, Khammam. 3 Khanapuram Gram Panchayat, Rep by its Executive Officer, Khanapuram, Khammam Urban, .....RESPONDENT(S) 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 isssue a Writ of Mandamus, or any other appropriate wirt, order or direction, declarting the action of the resposndents in unauthorizedly entering into the Petitioner's property in Sy.No.98 of Khanapuram Haveli (v),Khammam Urban, Khammam Dist., and layingk two (2) roads covering an extent ofkl 1500 sq.yards without any acquisition proceedings as illegal and arbitrary and lfurther direct the Respondents to remove the said 2 (two) roads laid in Petitioners Property in Sy.no.98 of Khanapuram Haveli(V) Khammam Urban, Khammam District and pass such other order or orders as may deem fit and proper in the circumstances of the case Counsel for the Petitioner:MR.C.RAGHU Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondents in unauthorizedly entering into the petitioner’s property in Survey No.98 of Khanapuram Haveli (V), Khammam Urban, Khammam District, and laying two (2) roads covering an extent of 1500 square yards without any acquisition proceedings, as illegal and arbitrary, and consequently, to direct the respondents to remove the said two roads. It is the case of the petitioner that he is the owner and possessor of land admeasuring Ac.1-10 guntas situated in Survey No.98 of Khanapuram Haveli Village of Khammam Urban Mandal and Khammam District, having purchased the same in the year 1982. In the month of November, 2007, when the respondents trespassed into the petitioner’s land and started laying two roads through the said land, the petitioner got issued a legal notice dated 01-12-2007 to the respondents and the second respondent-Divisional Panchayat Officer, issued proceedings in Rc.No.A1/167/2007, dated 04-12-2007, directing the third respondent-Panchayat Secretary, Gram Panchayat Khanapuram Haveli Village, to send his report with regard to the laying of roads in Survey No.98 admeasuring Ac.1-10 guntas belonging to the petitioner. As no report has so far been submitted, petitioner filed this Writ Petition. Heard the learned Counsel for the petitioner and the learned Government Pleader for Panchayat Raj and Rural Development appearing for the respondents. Perused the entire material available on record. If the petitioner is the owner of the land in question and if the said land is required for public purpose, appropriate action requires to be taken for acquiring the same, but, however, in the absence of any admitted documents, I am not inclined to express any opinion with regard to the title and possession of the land in question at this stage. Inasmuch as the second respondent-Divisional Panchayat Officer had called for a report from the third respondent, I deem it appropriate to direct the second respondent to take appropriate action in this regard only after considering the report received from the third respondent and after replying to the petitioner. Accordingly, the Writ Petition is disposed of directing the third respondent to submit a report as directed by the second respondent, within a period of ten days from the date of receipt of a copy of this order, and on submitting such a report, the second respondent may take appropriate action in accordance with law by giving suitable reply to the petitioner’s legal notice within two weeks thereafter. No order as to costs. ------------------------ (V.Eswaraiah, J) 25-02-2008 LUR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Ditrict Panchayat Officer, Khammam District. 2 The Divisional Panchayat Officer, Khammam Division, Khammam. 3 Khanapuram Gram Panchayat, Rep by its Executive Officer, Khanapuram, Khammam Urban, 4.2CCs to the G.P. for Panchayat Raj and Rural Development. 5.2CD copies Form-NIC-OGS/WP{LS}