IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 11901 of 2008 Between: 1 N. Venkat Reddy S/o. Biksham Reddy H.No,.3-20, Urlugonda Grampanchayat, Karkalagudem Village, Mote Mandal, Nalgonda District. 2 N. Vasanth Reddy S/o. Narsi Reddy H.No,.3-8/1, Urlugonda Grampanchayat, Karkalagudem Village, Mote Mandal, Nalgonda District. 3 D. Sharabaiah S/o. Satyam H.No,.3-43/1, Urlugonda Grampanchayat, Karkalagudem Village, Mote Mandal, Nalgonda District. 4 G. Nagaiah S/o. Narsaiah H.No,.3-35/2, Urlugonda Grampanchayat, Karkalagudem Village, Mote Mandal, Nalgonda District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Panchayat Raj Department, Secretariat, Hyderabad rep. by its Principal Secretary. 2 The Mandal Parishad Development Officer, Mote Mandal, Nalgonda District. 3 The Sarpanch, Urlugonda Grampanchayat, Karkalagudem Village, Mote Mandal, Nalgonda District. 4 M/s. G.V.V. Rao and Company, Plot No.358, Ground floor, Shahidnagar, Bhuvneshwar, Orrissa. .....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 an order or direction or writ particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents in acquiring the lands of the respondents for the purpose of laying road from kothagudem Urlugonda is illegal, arbitrary and contrary to provisions of Gram Panchayat Act and consequently direct the respondents to restore the land as acquired by the respondent or alternatively pay the compensation to the petitioners and pass other order or orders in the interest of justice. Counsel for the Petitioner: MR.G.VIDYASAGAR Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.11901 of 2008 Order: The petitioners claim to be the owners and possessors of different extents of land situated in Karkalagudem Village, Mothey Mandal, Nalgonda District. It is their case that the Gram Panchayat, Urlugonda, the third respondent, started laying a road from Kothagudem to Urlugonda sanctioned under Prime Minister Grameena Sadak Yojana and as the same affects their compound walls, the petitioners raised objections and requested not to demolish the compound walls. It is their grievance that the respondents without issuing any notice and initiating land acquisition proceedings, have demolished the compound walls. Hence, the present writ petition. A counter affidavit has been filed by the second respondent, the Mandal Parishad Development Officer, Mothey Mandal, Nalgonda District denying the allegations made by the petitioners. It is categorically stated in the counter that the petitioners have encroached upon the road belonging to the Gram Panchayat and raised compound walls. That a road was sanctioned from Kottgudem to Urlugonda under Prime Minister Grameena Sadak Yojana Scheme in the existing katcha road which is about 6 meters 12 feet and the total length of the road is 8.5 km, and that is for the welfare of the public and not for any individual. That the Assistant Engineer, Mothey Mandal instructed the Gram Panchayat to remove the encroachments by giving a beat or tom- tom and thereafter, the villagers themselves removed the encroachments, except the petitioners. In spite of granting sufficient time, the petitioners have not filed any reply affidavit rebutting the averments made in the counter. Heard the learned counsel for the petitioners and the learned counsel for the respondents. Though the petitioners claim to be the owners and possessors of different extents of land situated in Karkalagudem Village, Mothey Mandal, Nalgonda District, no material has been placed before this Court to substantiate the same and furthermore, they have not chosen to file any reply rebutting the counter averments. In the absence of any material substantiating the claim of the petitioners that they are the owners and possessors of the land in question, no exception can be taken to the action of the respondents in demolishing the compound walls of the petitioners for laying the road. The writ petition is therefore dismissed. No costs. ___________________ N.V. RAMANA, J. Date: 21.07.2009 VGB