IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12693 of 2001 Between: 1 Smt.C. Malathi, wife of G. Chirancheevi, r/o. Kothakuppam Village, Satyavedu Mandal, Chittoor Dist. 2 Gopi, S/o. Thirunavukkarasu, R/o. Dasukuppam village, Satyavedu Mandal, Chittoor District. 3 T.P.Selvam, S/o. T.D. Palani, R/o. Uttukottai Trivellore District, Tamilnadu. ..... PETITIONERS AND 1 Government of Andhra Pradesh, Rep.by its Secretary, Roads & Buildings, Secretariat, Hyderabad. 2 Government of Andhra Pradesh, Rep.by its Supdt. Engineer, Roads & Buildings, Chittoor. 3 S. Ramachandra Reddy, s/o. now known, aged Major, R/o. Urandur Village, Sri Kalahasti Mandal, Chittoor District. 4 K. Sunder Ram Reddy, s/o. not known, Dasukuppam Village, Satyavedu Mandal, Chittoor District. .....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 to issue any appropriate Writ, order or direction preferably a writ in the nature of Mandamus, declaring the action of the Respondents 1 and 2 in permitting the third respondent, at the behest of the fourth respondent in deviating the sanctioned plan in so far as ``forming bye-pass road to Dasukuppam Village in K.M. 41/2 to 43/0 of Puttur-Satyavedu Road" as being illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and consequently direct the respondents not to lay road on the petitioners' land, namely land admeasuring a 6 cents situated in Survey No.20.1B, in Dasukuppam Village, Satyavedu Mandal, Chittoor Dist. belonging to first petitioner; land admeasuring 14 cents, situated in Survey No.20.1A and 20.1B of Dasukuppam village, Satyavedu Mandal, Chittoor Dist. belonging to the second petitioner and land admeasuring 8 cents situated in Sy.No.20.1A of Dasukuppam Village, Satyavedu Mandal, Chittoor Dist. belonging to the third petitioner respectively and to pass Counsel for the Petitioner:MR.P.VENUGOPAL Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following: Form-NIC-OGS/WP{BDLNM} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12693 of 2001 O R D E R: This writ petition has been filed by three petitioners claiming that they are the owners of lands of an extent of Ac.0.06 cents in Sy.No.20/1B, Ac.0.14 cents in Sy.Nos.20/1A and 20/1B and Ac.0.08 cents in Sy.No.20/1A of Dasukuppam village, Satyavedu Mandal Chittoor District respectively and Respondents 1 to 3 are proposed to form a bye-pass road in Dasukuppam village in K.M.41/2 to 43/0 of Puttur-Satyavadu Road and to make a favour to the 3rd respondent, they have changed the alignment effecting the lands of the petitioners. A counter has been filed stating that in the revised alignment it was proposed to form a bye-pass road in Government poramboke land eliminating the petitioners’ properties. It is stated that the formation of road is not yet commenced even though the agreement was concluded between the 2nd and 3rd respondents and the revised proposed alignment is passing through the revenue poramboke land, and if any of the land of the petitioners is required, they will take appropriate steps duly following the rules and regulations under the Land Acquisition Act. In view of the counter allegations, no further orders are required to be passed in this writ petition. The Writ Petition is accordingly disposed of. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 05.06.2009 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Government of Andhra Pradesh, Rep.by its Secretary, Roads & Buildings, Secretariat, Hyderabad. 2 Government of Andhra Pradesh, Rep.by its Supdt. Engineer, Roads & Buildings, Chittoor. 3.2CCs to 4.2CD copies