IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15545 of 2008 Between: Sri Kilaru Balarama Rao S/oLate Venkata Nagabhusana Rao R/o Plo t No. 191, Sitapuram Colony, Poranki (V) Penamaluru (M), Vijayawada Krishna District. ..... PETITIONER AND 1 The Roads & Buildings Department Rep by its Chief Executive Engineer, Vijayawada Division, Krishna District. 2 The Deputy Executive Engineer R&B Department, Vijayawada Division, Krishna District. 3 The Assistant Executive Engineer R&B Department, Vijayawada Division, Krishna District. .....RESPONDENT(S) 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 any Writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the high handed action of the respondent in forming approach road leading from Bandar road to Penamuluru from the petitioner's private land in Sy. No. 4/3 of Penamuluru (V)&(M) Krishna District without acquiring the same under the Land acquisition Act andpaying the compensation for the land and existing well as illegal, arbitrary, capricious and violative of Article-300 A of the Constitution of India and well and laythe approach road without following the due process of law under the Land Acquisition Act and paying the compensation or to pass any other order or orders. Counsel for the Petitioner:SMT.N.(P).ANJANA DEVI, SATYANARAYANA Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.15545 of 2008 ORAL ORDER: The petitioner states that he is the absolute owner of the land in Survey No.4/3 of Penamuluru Village and Mandal, Krishna District having succeeded from his forefathers being the anscestral property and his father got the land in question under a registered partition deed dated 06.03.1954 and there is a well in the said land. The petitioner further states that to the south of the land in question, there is a canal called Bandar canal and since long time there is an old existing bridge thereon. While so, since the existing bridge is not sufficient enough for meeting the present traffic, a new bridge on the eastern side to former bridge is constructed by the respondents across the Bandar canal and for providing approach road from the new bridge for connecting Penamuluru village to Bandar Road, the respondents are attempting to lay such approach road through the land and well in question of the petitioner without issuing any notice and without following the due process of law. Hence, he filed the present writ petition. When the matter is taken for admission today, the learned Assistant Government Pleader for R&B, produced a copy of the instructions dated 19.07.2008 received from the Executive Engineer (R&B), Vijayawada, which is to the following effect: “Government have sanctioned grant of Rs.150.00 lakhs for construction of High Level Bridge @ Penamaluru under NABArd Scheme adjacent to the old existing bridge across Bandal Canal in anticipation of its unserviceablility. The main work and approach, on one side is completed. Towards Poranki side, the approach is partially formed with in the Government Land available in addition to the existing Old Bridge approach. Now, the contention of the petitioner is that the (R&B) Department may encroach their land. But in fact this Department has not encroached their land. If at all, any private land is required for the purpose of approach road formation, this Department will duly follow the procedures laid down as per Land Acquisition Act. In view of the facts explained above, the contention of the petitioner is not at all correct.” The learned Assistant Government Pleader for R&B, on instructions, submitted the respondents have not acquired the land in question and if at all the respondents require any private land for public purpose, they would follow the due process of law. Recording the said instructions and submission made by the learned Assistant Govern Pleader for R&B, the writ petition is closed. No costs. ______________ N.V.RAMANA, J. Date: 21.07.2008 VGSR