THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO.3047 OF 2008 DATED:25.8.2011 Between: Bothipili Vittaiah and others … Petitioners And The Superintending Engineer Panchayat Raj Department Medak Circle Medak and others … Respondents THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO.3047 OF 2008 ORDER: This writ petition is filed seeking a Mandamus to declare the action of the respondents in laying 40 feet road across the fields of the petitioners covered by Sy. Nos.82, 73/1A, 79/I/1, 79/I/2, 79/I, 106/E, 82, 99/A, 79/A and 79/O respectively, situated at Athimyala Village, Manur Mandal, Medak District, as illegal and arbitrary and for consequential directions. It is the case of the petitioners that they are owners and possessors of the agricultural lands admeasuring 0.27 gts., Ac.2.29 gts., Ac.2.04 gts., Ac.2.04 gts., Ac.5.34 gts., Ac.3.06 gts., Ac.1.14 gts., Ac.0.11 gts., Ac.1.20 gts., Ac.1.20 gts., respectively in the above said survey numbers of Athimyala Village. It is stated that there is an existing 3 feet wide road across the fields of the petitioners leading from Dovuru Modu to Akkareni through the village of the petitioners. It is the grievance of the petitioners that though they are the owners and pattadars of the aforesaid lands, the respondents are trying to lay 40 feet road across the fields of the petitioners, but the petitioners were not given any notice or opportunity, and further their lands are not notified for acquisition for any public purpose under the provisions of the Land Acquisition Act, 1894 (for short, ‘the Act’). Though time was granted to the respondents for filing counter affidavit, as the same was not filed, this Court admitted the writ petition on 4.6.2009. On the ground that no counter affidavit is filed in spite of admitting the writ petition and giving sufficient time to the respondents to file counter affidavit, this Court by interim order dt.3.7.2009 directed the respondents to stop laying of the road across the lands of the petitioners. Though the writ petition is of 2008, no counter affidavit is filed by the respondents even as on date. As it is the case of the petitioners that they are owners and pattadars of the aforesaid lands, if their lands are required for laying road or for any other public purpose, they cannot be deprived of their landed property without acquisition of the same or without their consent. In the absence of a counter by the respondents, controverting the allegations of the petitioners, and taking into account the interim order granted by this Court on 3.7.2009, which was continued all along, I deem it appropriate to direct the respondents not to dispossess the petitioners from their aforesaid lands, for the purpose of laying of road. It is, however, made clear that if any road is to be laid across the petitioners’ lands, this order will not preclude the respondents from initiating appropriate acquisition proceedings under the provisions of the Act to acquire the required portions of the lands. Subject to the above observations and directions, the writ petition is allowed as indicated above. No costs. _____________________ R. SUBHASH REDDY, J 25.8.2011 bnr