IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 8486 of 2008 Between: 1 Pratapaneni Deendayal S/o. Pratapaneni Srinivasulunaidu R/o. Flat No.51, Rayalcheruvu Road, Tirupati, Chitoor District. 2 E. Srinivasaraju S/o. Subramanyam Raju R/o. Flat No.304, Dist. Judges Quarters, Road No.10, Banjara Hills, Hyderabad. 3 K. Penchalaiah S/o. K. Sundaraiah R/o.D.No.19-9-4A, Canadi Nagar, Tirachanoor Road, Tirupati Urban Mandal, Chittoor District. ..... PETITIONERS AND 1 The Avilala Grampanchayat, rep. by its Sarpanch, Avilala Village, Tirupati Rural Mandal, Chittoor District. 2 The Tirupati Urban Develoment Authority, rep. by its Vice Chariman, Tirupati, Chittoor District. 3 The District Planning Committee, rep. by its Member Secretary / District collector, Chittoor District. 4 The Director of Town and Country Planning, Government of Andhra Pradesh, Hyderabad. 5 The Government of Andhra Pradesh, rep. by its Secretary, Department of Municipal Administration and Urban Development, Secretariat Buildings, Hyderabad. 6 The Government of Andhra Pradesh, rep. by its Secretary, Department of Panchayatraj, Secretariat Buildings, Hyderabad. .....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, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in making markings for laying road in the approved Ganesh Nagar layout bearing L.P.No.34/G1/2001 dt. 26.10.2002 of Avilala Village of Tirupati Rural Mandal, Chittoor District in contravention to the approved layout and the draft district planning and the databse as subsequently included in the Master Plan is illegal, arbitrary and violative of Articles 14,21 and 300(A) of the Constitution of India apart from being violative of principles of natural justice and the principles of estoppel by conduct. Counsel for the Petitioners :MR.T.LAKSHMI NARAYANA Counsel for the Respondents : GP for Revenue The Court made the following O R D E R: This writ petition has been instituted questioning the action of the 2nd respondent – Tirupati Urban Development Authority in making markings for laying road in the approved Ganesh Nagar lay out bearing L.P.No.34/G1/2001 dated 26th October 2002 of Avilala Village of Tirupati Rural Mandal, Chittoor District. The petitioners apprehend that without acquiring the land forming part of their lay out and their private land, the 2nd respondent is taking up the work of laying a pulbic road across. When this case came up on 18th April 2008, Sri P. Gangarami Reddy, learned Standing Counsel for the 2nd respondent took time to verify as to whether any such attempt is made by the 2nd respondent to lay the road across, as apprehended by the writ petitioners. The learned Standing Counsel produced an order bearing Roc. No. 71/G3/08, dated 17th January 2008, issued by the 2nd respondent addressing Ganesh Nagar Plot Owners Association, Tirupati informing them that land situated in Survey Nos. 348/4,5,6, 349, 352/1, 352/2A4, 353/1 of Avilala Village, is not proposed to be acquired for any public purpose and, at any rate, without obtaining the consent of the land owners/possessors, the 2nd respondent authority is not intending to lay any road. In view of this endorsement, a copy of which has been made available to the learned counsel for the petitioners, the apprehensions entertained by the writ petitioners that the lands are sought to be compulsorily acquired for formation of a road by the 2nd respondent without following due process of law is belied. Hence, the writ petition is disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 1st May 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}