HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.26150 of 2008 Date : 13.09.2010 Between : S. Shanthamma & another. …..Petitioners And The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Alwal, Malkajgiri Mandal, Ranga Reddy District. …..Respondent HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.26150 of 2008 ORDER : In this writ petition, the petitioners seek directions by way of Mandamus, declaring the action of respondents in trying to widen the already existing dead-end cement road in front of their plot admeasuring 752 sq. yards in Sy.No.525, situated at Old Alwal, Malkajgiri Mandal, Ranga Reddy District, as illegal and arbitrary, with a consequential direction to the respondents not to widen the already existing dead-end cement road. One Sampath Chitari was the original owner and possessor of the land admeasuring about Ac.4-19 gts. covered by Sy.No.525 of old Alwal village in Ranga Reddy District. Petitioner No.1 is the daughter-in-law of the said Chitari, whereas petitioner No.2 is his grandson. The original owner has converted the said land into house sites and taken approval for the layout. The entire area was divided into 27 plots, and there were some 25 feet width internal roads in the layout, and one such road is adjoining Plot Nos.5, 16 and 27. It is the case of the petitioners that they are the owners of 752 sq. yards of plot adjoining Plot No.27, which is having a dead-end road and the respondents are trying to widen the said road, illegally and arbitrarily. Counter affidavit is filed, stating that the land in question belongs to one Sampath Chitari, who has prepared a layout with 27 plots and got approved from the Grampanchayat, Alwal vide Permit No.22/67, on 25.06.1967. It is stated that all the 27 plots were sold to third parties and that there is no plot area owned by the petitioners. It is stated that when the respondent- Corporation proposed to lay C.C. road, petitioners have objected to it, stating that it is their land and there is no need to lay C.C. road. When the matter is taken up, the learned Standing Counsel appearing for respondents has produced the layout plan obtained by the original owner Sri Sampath Chitari. It is not in dispute that the entire extent of land owned by the original owner Sri Sampath Chitari is Ac.4- 19 gts. in Sy.No.529, and that he has applied for grant of layout, by dividing the same into 27 plots. In the layout, two roads are shown within the layout, one from the middle of the layout showing Plot Nos.1, 2, 3, 4 and 5 on one side of the road and Plot Nos.6 to 16 on the other side, with a road width of 20 feet. Similarly, from East to West, there is an existing road of 25 feet, which adjoins Plot Nos.5, 16 and 27. Although it is the case of petitioners that they still own an extent of 752 sq. yards, but once the layout is approved for the entire land, the open spaces and roads, which are in the approved layout, will vest with the Municipal Corporation. In that view of the matter, it is not open for the petitioners to say that they retain still an extent of 752 sq. yards of land and that it is their plot. Very curiously, the plot number is also not given in the affidavit filed in support of the writ petition. As the area is road area adjoining Plot Nos.5, 16 and 27, it cannot be said that respondents are trying to widen the road by disturbing the plot of the petitioners. As the very area is provided for road in the layout, the petitioner cannot claim any right over the said area. For the aforesaid reasons, I do not find any merit in this writ petition, for grant of directions as prayed for. Writ petition is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 13th September 2010 ajr