IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3428 of 2009 Between: Garikipati Nagamalleshwari (Hindu) W/o. Venkata Surya Satyanarayana R/o. 73-4-36-A, Thotavariveedhi, Patamata, Vijayawada, Krishna Dist. ..... PETITIONER AND 1 The Government of A.P. Rep. by Principal Secretary (Municipal Admn.) Secretariat, Hyderabad. 2 The Commissioner Vijayawada Municipal Corporation Vijayawada, Krishna Dist. .....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 a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring action of the Respondents in proposing to lay Metal Road in the private land right in front of the house bearing Door No. 73-4-36-A belonging to the Petitioner as arbitrary, illegal, contrary to law and violative of the rights conferred on the Petitioner Under Articles 14, 21 and Constitution Guarantee guaranteed to the Petitioner under Article 300-A of the Constitution of India with a consequently direction to the Respondents to forthwith drop the proposal of laying road therein in the interest of justice. Counsel for the Petitioner:MR.SIVALENKA RAMACHANDRA PRASAD Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER: This writ petition is filed by the petitioner stating that she purchased an extent of 166.6 square yards of land in Thotavariveedi, Patamata, Vijayawada vide registered sale deed dated 17.8.1998 from one Smt.Dandapani Radha and thereafter she constructed a house therein and living. According to the petitioner, on the northern side of her site, there is a road admeasuring 92 feet length and 20 feet width, which is exclusively meant for her, for the purpose of approaching the main road and that is also a part of the property which she purchased. While the matters stood thus, the respondents are proposing to lay a metal road through her land without any notice and without acquiring the same. It is stated that the petitioner, as also the other adjacent land owners submitted a representation to the 2nd respondent objecting for laying of the metal road through the private lands and to drop further action, in vain. Therefore, on 11.2.2009 they got issued a legal notice but so far no orders are passed either on their representation or is there any response to the legal notice. Hence this writ petition. On 20.2.2009, when the writ petition was taken up, the learned standing counsel for the respondent Municipality took time to obtain instructions and today it is submitted that even according to the documents presented by the petitioner before this Court, the road is a public road and it is not exclusively for the purpose of the petitioner and in fact, the road vests in the Municipal Corporation.. However, since the representation of the petitioner and other locality members is pending consideration before the 2nd respondent, the authorities will issue notice to the petitioner to substantiate her claim about the subject matter of property and after taking into consideration the objections of the petitioner only, further appropriate action will be taken. In that view of the matter, the writ petition is disposed of directing the respondent Municipal Corporation that unless a decision is taken and intimated to the petitioner on the representation submitted by her, they shall not proceed further with the laying of the road. N.V.RAMANA,J DT.24.2.2009 NOTE: Furnish CC in two days (B/o) msv