IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 24105 of 2008 Between: N.H. Sankar Reddy, S/o. N.H. Eswara Reddy, R/o. Karanammodeen Colony, Kaondapet, Banaganapalli Village & Mandal, Kurnool District. ..... PETITIONER AND The Nandyal Municipality, Rep by its Commissioner, Nandyal, Kurnool District. .....RESPONDENT 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 respondent Municipality in proceedings to lay the road from Saraswathinagar to Devanagar through petitioner land in Sy.No. 662/12 to an extent of Ac. 0-80 cents situated at Nandyal without acquiring the said land by initiating land acquisition proceedings and paying the adequate compensation, as illegal, arbitrary and violative of Articles 14, 19 & 300-A of the constitution of India and consequently direct the respondent to acquire the aforesaid petitioner land by initiating land acquisition proceedings and pass Counsel for the Petitioner:MR.K.RATHANGA PANI REDDY Counsel for the Respondent No.: MR.S.I.NEWTON The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 24105 OF 2008 ORDER: 1. This writ petition has been ﬁled by N.H. Sankar Reddy assailing the action of the respondent in laying a road from Saraswathinagar to Devanagar through his land bearing Survey No. 662/12 to an extent of Ac. 0-80 cents situated at Nandyal without following the due process of law. 2. The petitioner claims to have purchased Ac.0-80 cents in Survey No. 662/12 situated at Nandyal from Mithagiri Sankaramma and her daughters for a consideration of Rs.10,00,000/- under registered sale deed dated 28-7-2006. According to the petitioner, the respondent is contemplating to lay a road in his land without following due process of law. 3. When the writ petition came up for admission Sri S.I. Newton, learned standing counsel of Nandyal Municipality takes notice on behalf of the respondent. 4. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondent- Municipality. 5. If the road is not existing as per the Municipal records/revenue records in the land of the petitioner as on this day, the respondent has to necessarily follow the due process of law for laying a road in the land owned by the petitioner. 6. Accordingly, this writ petition is disposed of directing the respondent to follow due process of law in the event of road being laid afresh in the land owned by the petitioner. No order as to costs. ______________________________ Justice B. Seshasayana Reddy Note: C.C. by Monday B/o KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 24105 OF 2008 5th November, 2008.