IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25313 of 2008 Between: 1 K. Lakshmi Narayana, S/o. Late Kotaiah, D.No. 1-82, Kathevaram Village, Tenali Mandal, Guntur District. 2 K. Raja Rao, S/o. Late Kotaiah, D.No. 1-82, Kathevaram Village, Tenali Mandal, Guntur District. ..... PETITIONER(S) AND The Commissioner, Tenali Municipality, Tenali, Guntur District. .....RESPONDENT 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 to issue a writ order or more particularly in the nature of the Writ of Mandamus to seta side the impugned Endorsement issued by the Respondent bearing Roc No. 2306/2008/G1, Dated 04-11-2008, and consequently direct the respondent to grant permission for construction to two houses (2huts) on plot bearing D.No. 211/3 admeasuring Ac. 0.47 cents of Tenali Village, Yedla Lingaiah Colony, Tenali Town, Guntur District with a boundaries East : Railway Tract, West : Land of Mannava Kotaiah North : boundary land of Kondamadugu Subbareddy Rami Reddy and South : land of Thamma Appi reddy, and pass Counsel for the Petitioner:MR.S.SYAMSUNDER RAO Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : ORAL ORDER: According to petitioners, they are the absolute owners of the plot bearing D.No. 211/3 admeasuring Ac. 0.47 cents of Tenali Village, Yedla Lingiah Colony, Tenali Town, Gutur District. They made an application to the authorities i.e., the sole respondent herein, seeking permission for construction of a residential house in the said plot. But however, the same was rejected by the respondent by an order dated 4.11.2008 stating that the said land is in 40’ wide road as per the Master Plan and as per Yadlalingaiah Colony Layout, it is identiﬁed as 40’ wide Donka Road. Hence, there is no scope for according permission for the construction of any structures in the said plot and thus rejected the said permission. Questioning the same, the petitioners approached this Court by way of present Writ Petition. Whether the petitioners can be permitted or not is altogether a diﬀerent question and if really the said plot is required for the purpose of widening of road as per the Master Plan, it can be done only after acquiring the said plot. Till such time, petitioners cannot be dispossessed. Accordingly, the Writ Petition is disposed of at the stage of admission directing the respondent not to dispossess the petitioners from out of the land without following the due process under law. _______________________________ GOPALA KRISHNA TAMADA, J Dt. 19.11.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2CD copies