IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO :10981 of 2008 Between: Sindham Veera Prasad S/o.Srinivas R/o.SRT 280, Labour colony Warangal ..... PETITIONER AND 1 The District Collector, Warangal District, Warangal 2 The Chief Engineer, Roads & Buildings, Warangal 3 The Superintendent Engineer, Roads & Buildings, Warangal .....RESPONDENTS Counsel for the Petitioner:SMT.S.A.V.RATNAM Counsel for Respondent No.1: AGP FOR REVENUE Counsel for Respondent Nos.2 & 3: AGP FOR ROADS AND BUILDINGS The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in seeking to construct Railway Over Bridge with a width of 60 feet across the petitioner’s property without initiating land acquisition proceedings and paying compensation to the petitioner, as arbitrary and unconstitutional. Heard Smt. S.A.V.Ratnam, learned counsel for the petitioner and the learned Assistant Government Pleaders for Revenue and Roads and Buildings. The petitioner claimed that he purchased a semi-finished building constructed in 200 sq.yards of land situated at Puppalagutta Fort Road, Warangal from Smt.K.Swaroopa under registered sale deed, dated 28.01.2003. He averred that the said property is proposed to be utilized for construction of a Railway Over Bridge without initiating acquisition proceedings and without paying compensation to him. In response to the notice issued by this Court, Sri M.Bhushanam, Superintending Engineer, Roads and Buildings, Warangal, respondent No.3, filed a counter-affidavit, in which, he admitted that the proposal for construction of a Railway Over Bridge was sanctioned by the Government of Andhra Pradesh with two arms near level crossing No.63/T3 on Railway Km.377/45-47 of Kazipet - Vijayawada Section on Matwada Diversion Road connecting Hanamkonda – Narsampet - Mahabubabad Road at KM 3/5 and joining at KM 7/8- 10 of Hanamkonda - Khammam Road in Warangal District. He stated that the plan was originally approved for Y-Junction within the road margin and subsequently, the same was changed/altered for technical reasons by providing Y-Junction for a larger area and the same was approved by the Government in December, 2007 and that immediately thereafter, his office addressed letter, dated 15.03.2008 to the Revenue Divisional Officer, Warangal for acquisition of properties in Survey Nos.349, 348, 346, 347, 350, 351 and 353, which is pending with the Revenue Divisional Officer, Warangal. The answering respondent denied the allegation of the petitioner that his property is being acquired without paying compensation and without following due process of law and stated that no demolition/construction activity in the above mentioned survey numbers has been initiated by the department till date and that the petitioner filed this writ petition only in anticipation of demolition of his property. He specifically undertook to follow due process of law and adhere to the procedure contemplated under law for acquiring the property of the petitioner. Inasmuch as the respondents have not interfered with the possession of the petitioner in respect of his property so far and respondent No.3 had categorically assured that before taking over the property of the petitioner, the respondents would follow due process of law, the writ petition is disposed of basing on the above mentioned statement of respondent No.3. As a sequel to disposal of main petition, WPMP.No.14294 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 13th AUGUST, 2008. kvni