THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.26740 of 2010 Date: 31.03.2011 Between: K. Srinivas Kiran Kumar and others. … Petitioners and The Government of A.P., rep. by its Principal Secretary, Health, Medical and Family Welfare Department, A.P. Secretariat, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.26740 of 2010 ORDER : Heard Sri Madhu Babu Chilakapati, learned counsel appearing for the petitioners as well as the learned Government Pleader for Medical and Health and the learned Government Pleader for Municipal Administration and with their consent, the writ petition is being disposed of at the admission stage. 2. The petitioners claim to be the joint owners of an extent of 484 square yards of house plot in Sy.No.136/4 situated at Sultanabad of Tenali Town, Guntur District. They allege that respondent Nos.2 and 4 are attempting to lay a road through the said land without having any manner of right. They also allege that the subordinates of the said respondents, in fact, visited the premises on 21.3.2010 and attempted to level the land. The grievance of the petitioners is that the respondents have no right to meddle with their property without following the due process of law. Therefore, they filed this writ petition to declare the proposed action of the respondents as arbitrary and illegal and consequently direct the respondents not to interfere with their peaceful possession and enjoyment over the said land without following the due process of law. 3. Indisputably, the aforementioned land is a private property of the petitioners. Therefore, they cannot be deprived of the said property except by following due process of law. If the said land is required for any public purpose, the law requires that the same shall be acquired under the provisions of the Land Acquisition Act, 1894 (for brevity “the Act”) or after obtaining the consent of the petitioners. It does not appear that the respondents have taken any such measures either to obtain the consent of the petitioners or to invoke the provisions of the Act. 4. In the circumstances, this writ petition is disposed of directing that the respondents shall not take possession of the aforesaid land of the petitioners or dispossess them from the said land except by following the due process of law. No order as to costs. _________________________ JUSTICE NOUSHAD ALI 31.03.2011. NOTE: Issue C.C. in one week. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.26740 of 2010 31.03.2011 (Msr)