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 : 23214 of 2008 Between: 1 Dalli Pada Veera Raju S/o. Late Aseeriyya R/o. Door No. 2-29 Guravaihgudem Jangareddigudem Mandal, W.G. District. 2 Kaduri Lakshma Reddy S/o. Dorrayya R/o. Near Srinivas Talkies, Jangareddigudem Mandal, W.G. District. 3 Palla Rathanji Rao S/o. Pulla Rao R/o. Door No. 3-52 Guravaihgudem Jangareddigudem Mandal, W.G. District. 4 Thota Krishnavani W/o. Eswara Rao R/o. D.No. 3-33 Guravaihgudem Jangareddigudem Mandal, W.G. District. 5 Palla Subhasheni W/o. Rathanagi R/o.Guravaihgudem Jangareddigudem Mandal, W.G. District. ..... PETITIONER(S) AND 1 The Government of A.P. Rep. by its Secretary, Department of Panchayath Rai Secretariat Building, Hyderabad. 2 District Collector, West Godavari District. 3 District Panchayath Officer, West Godavari District. 4 The Gram Panchayat Guravaihgudem Mandal, W.G. District. 5 Muthyala Venkata Ramana S/o. Kotaiah Kovvur, Kovvur Mandal, West Godavari District. .....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 issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 1 to 3 in not taking any action on the petitioner's representation dt. 15-9-2008 as illegal, arbitrary biased unconstitutional and against the principles of Natural justice and consequently direct the respondents 1 to 3 to take appropriate action against 4th Respondent for his illegal activity of obstructing the villagers in making use of the road in question or encroaching and to pass such other order or orders Counsel for the Petitioner:SMT.D.LALITHA PRASAD Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY W.P.No. 23214 of 2008 ORDER: The petitioners claim to be owners of various extents of agricultural land in diﬀerent survey numbers of Guravaihgudem, Jangareddigudem Mandal, West Godavari District. It is stated that themselves and the 5th respondent have given portion of their land to lay a road towards east of Madhi Aanjaneya Swamy Temple to reach Vagulagudem road. According to the petitioners, the road was laid and it is being used by the owners of the land. Abutting the road, Pucca road is also said to have been laid with the contribution corpus to the tune of Rs.1,00,000/-. The grievance of the petitioners is that the 5th respondent is obstructing the petitioners and other individuals from using the road. They complain that though a representation was made in this regard to respondents 1 to 4, no action has been taken against the 5th respondent. Heard Ms.Vidhyulatha, the learned counsel for the petitioners, the learned Government Pleader for Panchayat Raj and the learned counsel for respondent No.5. It is not in dispute that a road across the land of the petitioners and some others was laid and reinforced with the contributions made by the villagers. Though the petitioners said that the 5th respondent is also a party to the resolution passed in this regard, he seriously disputed the same. Be that as it may, the 5th respondent does not have any right to obstruct use of road, laid across the lands of others. In all fairness, the 5th respondent also concedes that he did not obstruct the petitioners and others from using the road. The same is taken on record. Hence, the writ petition is disposed of directing that the 5th respondent shall not interfere with the use of the road laid by the side of Madhi Aanjanaya Swamy Temple up to Vagulagudem road. No order as to costs. ____________________ L.NARASIMHA REDDY, J 07-11-2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}