HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.22170 of 2009 Date : 27.06.2011 Between : Mr. Lanka Venkata Sambasiva Rao. …..Petitioner And The Government of Andhra Pradesh, rep. by the District Collector, Krishna District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.22170 of 2009 ORDER: This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents in seeking to construct a road in the land owned by the petitioner, in an extent of Ac.6.16 cents in Sy.No.87/1 of Veeravalli village of Bapulapadu Mandal in Krishna District, as illegal. In the affidavit filed in support of the writ petition, it is stated that the aforesaid land is inherited from his father, who has purchased the same by way of registered sale deeds, dated 26.11.1949 and 01.01.1955. It is stated that the respondents have also issued pattadar passbook and title deed in favour of petitioner. It is further stated that there was an internal road within the aforesaid land, formed by the petitioner, but the same was removed to plant eucalyptus trees. It is the allegation of the petitioner that at the instance and instigation of respondent No.5, who is the owner of land in Sy.No.82, respondents 2 and 3 are taking steps for laying road through his land, without issuing any notice and without following due process of law. It is stated by the learned counsel for petitioner that such an action on the part of respondents in constructing the road in the land owned by the petitioner, is in violation of the rights guaranteed under Article 300-A of the Constitution of India. There are two sets of counter affidavits; one on behalf of respondents 1 and 2 and the other one by the 5th respondent. In the counter affidavit filed by respondents 1 and 2, while denying the various allegations made by the petitioner, it is stated that while admitting that the petitioner was the owner and possessor of land admeasuring Ac.6.16 cents covered by R.S.No.87/1 of Veeravalli village, it is stated that he filed declaration under A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 before the Land Reforms Tribunal, Gannavaram in 1975. It is further stated that the Land Reforms Tribunal passed orders declaring the petitioner as excess land owner to an extent of Ac.0.27 cents, in proceedings No.1521/Gnv/75, dated 11.05.1977. In the counter, it is further stated that there was a road in a portion of land in an extent of Ac.0.14 cents, which is shown as Government land. On similar lines is the counter filed by the 5th respondent. In this case, it is to be noticed that the allegation of the petitioner is disputed by the respondents. Whereas it is the case of the petitioner that the respondents are constructing the road by depriving him of his land as otherwise than due process of law, it is averred in the counter affidavit that the petitioner is declared as excess land owner to an extent of Ac.0.27 cents, and as the possession of land was handed over to third party Smt. Thota Vyyuramma W/o. Venkateswaraiah, and further, the road portion is also shown within the Ac.0.14 cents of land taken back by the Government. In that view of the matter, it cannot be said that the respondents are constructing the road in the patta land of the petitioner, depriving him of his land as otherwise than due process of law, so as to grant the directions as prayed for. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No costs. _____________________ R.SUBHASH REDDY, J 27th June 2011 ajr