THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.8730 of 2010 O R D E R : This Writ Petition is filed seeking to issue writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioner in survey No.533/D/a and 533/D/e in an extent of Ac.3-14 guntas, situated at Gowdavalli Village, Medchal Mandal, Ranga Reddy District, as arbitrary and illegal and consequently, direct the respondents not to interfere with the possession and enjoyment of the petitioner in any manner whatsoever of the above mentioned land. 2. Heard the learned counsel for the petitioner as well as the learned counsel for respondent Nos. 1 and 3. 3. The brief facts that are necessary for disposal of the present Writ Petition may be stated as follows: The petitioner is the owner of the land in question having purchased the same through registered sale deed in the year 2000. Ever since then, he is in peaceful possession and enjoyment of the same. The said land was plotted and layout was approved by the Grampanchayat, Gowdavalli Village, long back. The adjacent survey No.538 is also plotted. The respondent authorities for outer ring road alignment have approved a master plan wherein the outer ring road is shown passing through survey No.542. The land in question is earmarked under the residential zone. There is no notification issued under the provisions of the Land Acquisition Act, 1894 (for short, ‘the Act’) for acquiring the land. Section 4 (1) notification and Section 6 declaration of the Act show that the petitioner land is never reflected in the proposal nor his name figures in the said notification. While so, on 31.03.2010, respondent No.3, who is a contractor of respondent No.1, encroached into the petitioner’s land and dumped boulders and waste gravel disturbing the normal position of the land. No notice whatsoever has been issued to the petitioner. The petitioner lodged a complaint with respondent Nos.1 and 2 and also with the Station House Officer, Medchal Police Station, regarding the illegal acts of the contractor and staff of respondent No.1. Though a crime has been registered, the respondents are trying to enter into the petitioner’s land stating that the land is acquired for outer ring road purpose and they would lay a road from his land. No enquiry was conducted and no opportunity was given to the petitioner. The petitioner also filed representation on 06.04.2010 before respondent No.1 for illegal encroachment of his land by ORR contract. But, so far no action has been taken. Hence, the Writ Petition. 4. Respondent No.1 filed counter affidavit stating that the land in survey No.533 is notified as Agriculture land. As per the outer ring road alignment plan, approved survey No.533 is proposed and acquired for outer ring road. The Land Acquisition proceedings are concluded in ORR Project. Draft notification for survey Nos.532 and 533 to an extent of Ac.1-24 ¼ was issued and got published in A.P. Gazette ORR No.145, dated 31.08.2006 and also published in two daily news papers. Sections 9 (1) and 9(3) notices were issued and in the Grampanchayat Office through Kavlkar of Gowdavally (V) and also at Grampanchayath office, M.R.O. Office, M.P.D.O, Sub-Registrar Office and concerned police station at Medchal for information. The award enquiry is fixed on 21.11.2008 at 11:00 AM at SDC office, Tarnaka, Hyderabad. Neither the pattadar nor the interested person attended the award enquiry on the above said date. During the course of survey, the concerned notified pattadar of survey No.533 did not show the boundaries of his land and survey could not be done. The petitioner also not attended either for 5-A enquiry or award enquiry. General award has been passed, on 10.02.2009, to an extent of Ac.1- 00 in survey No.533 situated at Gowdavally (V) Medchal (M) and the matter was referred to Civil Court under Sections 30 and 31 of the Act and an amount of Rs.4,90,699/- had been deposited in favour of Principal Senior Civil Judge, L.B.Nagar, Ranga Reddy District vide letter, dated 21.08.2009. 5. Respondent No.3 has not filed the counter affidavit. 6. Learned counsel appearing for the petitioner contended that respondent No.3 is only a contractor and he has no authority to interfere with the land of the petitioner; that the petitioner is in possession and enjoyment of the land; that the petitioner also filed representation on 06.04.2010 before respondent No.1 for illegal encroachment of his land by ORR contractor; and hence, he prays that a direction be given to the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the land in question. 7. Learned counsel appearing for respondent No.1 contended that notification was issued under Section 4 (1) of the Act; that pursuant to the notification, an award was passed stating that an extent of Ac-1.24 guntas of land in survey No.533 has been shown proposed for acquisition; that there is an averment in the counter affidavit filed by respondent No.1 that the petitioner had not participated in the award enquiry; and hence, he prays to dismiss the Writ Petition. 8. Learned counsel appearing for respondent No.3 contended that respondent No.3 is only a contract or to execute the work allotted by respondent No.1; that therefore, respondent No.3 is not the concerned person to give right over the land given to him for execution of the works; and that respondent No.3 is only concerned with execution of the work. 9. The point that arises for consideration is whether the petitioner is entitled for the relief as prayed for or not. 10. It is not in dispute that the respondents have not issued any notice before encroaching the land of the petitioner. The petitioner also submitted representation on 06.04.2010 to respondent No.1 for illegal encroachment of his land bearing survey No.533/D of Gowdavally Village by ORR contractor, without any statutory notice or compensation for acquisition. But, no action has been taken. The petitioner also filed material papers along with the Writ Petition wherein the representation, dated 06.04.2010, addressed to respondent No.1 shows that there is illegal encroachment and trespass into the petitioner’s land. The said copy of the representation was also marked to the Commissioner of Police, Cyberabad; the Station House Officer, Medchal, the Tahsildar, Medchal and the District Collector, Ranga Reddy District. The petitioner also filed copy of First Information Report No.88 of 2010, dated 07.04.2010. Learned counsel for the petitioner submitted that the petitioner’s grand son lodged a report and the matter is under investigation. As seen from the counter affidavit filed by respondent No.1 only an extent of Ac.1-24 ¼ guntas of land in survey No.533 has been notified under Section 4 (1) of the Act. Learned counsel for the petitioner submits that the said extent of land is different from the land claimed by the petitioner. The petitioner is in possession and enjoyment of the land in question. The grievance of the petitioner is that neither respondent No.1 nor respondent No.3 has authority to interfere with the petitioner’s land, without following due process of law. Before approaching this Court, the petitioner also made representation to respondent No.1. The petitioner has got right under Section 300-A of the Constitution of India. 11. The contention of the learned counsel for the petitioner is that the land which is notified under Section 4 (1) of the Act referred in the counter affidavit is different from the land claimed by the petitioner. It is purely a disputed question of fact. What is the total extent of land in survey No.533 and the extent of land acquired by the respondent authorities is not before this Court. Without issuing any notice and without following the due process of law, respondent No.1 and 3 are trying to interfere with the petitioner’s land. 12. In view of the facts and circumstances of the case, without going into the merits of the case, the Writ Petition is disposed of directing respondent No.1 to consider the representation of the petitioner, dated 06.04.2010, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. Till such time, status quo obtaining as on today shall be maintained. There shall be no order as to costs. 13. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. __________________________ JUSTICE G.CHANDRAIAH AUGUST 21, 2012 YVL THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.8730 of 2010 21.08.2012 YVL