IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.24913 of 2007 Between: 1 Meesala Jaggaiah S/o.Ramaiah R/o.Konda Lakshmipuram village, Garividi Mandal Vizianagaram District. 2 Meesala Golla S/o.late Thavudu R/o.Konda Lakshmipuram village, Garividi Mandal Vizianagaram District. ..... PETITIONER(S) AND 1 Government of Andhra Pradesh, Rep. by the District Collector, Vizianagaram. 2 Vizianagaram Zilla Parishad, Vizianagaram, Rep. by its Chief Executive Officer. 3 The Deputy Executive Engineer, Panchayat Raj, Cheepurupalli Sub- Division, Cheepurupalli, Vizianagaram 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in taking steps to lay the road in the land in Sy.No.128 situated in Konda Lakshmipuram village, Garividi Mandal, Vizianagaram District without initiating proceedings under the Land Acquisition Act as illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequently direct the respondents to consider the feasibility of laying the road in the land in Sy.No.109 and 149/1 of Konda Lakshmipuram village, Garividi Mandal, Vizianagaram District or to acquire the land of the petitioners under the provisions of the Land Acquisition Act and pass such other order or orders. Counsel for the Petitioner:MR.O.MANOHER REDDY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.24913 of 2007 ORDER: Petitioners claim to be the owners of the land in Sy.No.128 of Konda Lakshmipuram Village, Garividi Mandal, Vizianagaram District. Their claim is that the respondents are laying road across their land without acquiring it. It is stated that ordinarily a cart track used to exist in the land for private purpose, in the year 2000, the respondents have laid a metal road and in the year 2007, they are widening it further to 30 feet. The respondents ﬁled a counter aﬃdavit denying the allegations. He stated that the road in question is the only one to connect KL Puram to Vizianagaram – Palakonda Main Road from the time immemorial. It is also stated that when the work was undertaken in the year 2000 for strengthening the road, no objection was raised. The petitioner has also ﬁled a reply aﬃdavit denying the allegations in the counter affidavit. Heard Sri O.Manoher Reddy, learned counsel for the petitioners and the learned Government Pleader for Panchayat Raj. The petitioners do not dispute the existence of the road, as such. The controversy is only as to the width thereof. Way back in the year 2000, substantial work was undertaken for strengthening or widening of the road as the case may be. In the recent past, further work is said to have been undertaken. The respondents ﬂatly denied that they have encroached into the land of the petitioners in the process of strengthening or widening of the road. It is their plea that the width of the road is 30 feet. In case, the petitioners are of the view that no road as such passes through the land or the width is not less than 30 feet, they have to ﬁle a suit and prove their plea. Disputed questions of fact cannot be adjudicated by this Court. The writ petition is dismissed leaving it open to the petitioners to work out their remedies to ﬁle a suit. No costs. _______________________ L.NARASIMHA REDDY,J Dt:07-11-2008 usd