IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 4029 of 2001 Between: Sirra Fibe @ Fibemma, W/o late Shanta Rao, D.No.13-2-5, Arundhatipet, 26th Ward, Narsapur, West Godavari District. ..... PETITIONER AND 1 The District Collector, West Godavari District, Eluru. 2 The Revenue Divisional Officer, Narasapur,] West Godavari District. 3 The Mandal Revenue Officer Narsapur, West Godavari District. 4 The District Medical and Health officer, Eluru West Godavari District. 5 The Muncipal Commissioner, Narasapur, 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 to issue a Writ, order or direction more pareticularly one in the nature of Writ of Mandamus declaring the action of the respondents in making and underking construction of primary Health Centre on the petitioners land situated at D.No. 13-2-5, admeasuring of seven(7) cents of land in Sssssy.No. 12/27 of Raju Veedhi old and present Arundhatipet 26th ward of Narasapur Village and municipality bounded by East Road, West land of Sirra Subbarayudu, north road, and south the land of Shaymbabu is illegal, arbitrary, ultravirus, unconstitutional violative of this petitioners rights guaranteed under Artiles 14, 21 and 300-A of Constitution of India and the principals of natural justice and consequently direct the respondents not to disposses the petitioner from her property without intiating proceedings under the Land Acquisation Act, Counsel for the Petitioner:M/SC.KODANDA RAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: This Writ Petition is ﬁled seeking a declaration that the action of the respondent-authorities in taking up the construction of a Primary Health Centre on the petitioner’s land situated in Sy.No.12/27 of Rajuveedhi old and present Arundhatipet, 26th ward of Narsapur Town, without following the procedure under the Land Acquisition Act, 1894, is illegal, arbitrary and unconstitutional. The Mandal Revenue Oﬃcer, Narsapur, being the 3 rd respondent herein, ﬁled a counter aﬃdavit, stating to the eﬀect that the construction of the Primary Health Centre was taken up in the lands situated in R.S.Nos. 12/2, 12/3, 12/4 and 12/49 of Narsapur Town and that the said land is owned by the Government. In the light of the disputed question of fact as to the actual location of the Primary Health Centre, as demonstrated by the pleadings, the matter is not amenable to adjudication under Art. 226 of the Constitution of India. The learned counsel appearing for the petitioner fairly conceded this aspect and sought the leave of this Court to allow the petitioner to work out her remedies as per law. The Writ Petition is accordingly dismissed, leaving it open to the petitioner to invoke such remedies as are available to her in law, in respect of the issues raised in this Writ Petition. The interim order dated 21.3.2001 granted by this Court in WPMP No. 5198 of 2001 in W.P.No.4029 of 2001 shall stand dissolved. There shall be no order as to costs. ----------------------------------- P.V. SANJAY KUMAR, J DATE: 21.10.2008 CVM