THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.1146 OF 2009 Dt.09.10.2009 Between: Sheik Akbar … Appellant And The Mandal Engineering Officer/Asst. Engineer O/o. The Mandal Development Officer, Sullurupeta & Taluk, P.S.R. Nellore District and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.1146 OF 2009 JUDGMENT: (per the Hon’ble the Chief Justice Sri Anil R. Dave) Being aggrieved by an order passed in Review W.P.M.P. No.11882 of 2009 in W.P. No.9827 of 2006, dt.6.7.2009, this appeal has been filed by the appellant - petitioner. The case of the appellant before the learned Single Judge was that his land had been acquired and yet he had not been paid compensation. There being disputed questions of fact, the learned Single Judge has rightly observed as under: “Therefore, both the Rev. W.P.M.Ps are dismissed. It is made clear that the writ petitioner shall be entitled to be paid compensation in the event of (a) any road being laid upon his land and (b) his title over the land upon which the road is laid being established before a Court of law.” We do not find any error committed by the learned Single Judge while passing the impugned order for the reason that, first of all the appellant has to establish that he was the owner of the land and the road had been laid upon his land. The afore-stated questions of fact are involved in the matter and, therefore, the learned Single Judge has rightly dismissed the review application in terms of the above order. We do not find any substance in the appeal. The appeal is dismissed with no order as to costs. Needless to say that it will be open to the appellant to establish his right before the concerned authority and we are sure that the concerned authority shall act promptly. ______________ ANIL R. DAVE, CJ ______________________ C.V. NAGARJUNA REDDY, J 9.10.2009 bnr Note: C.C. by 12.10.2009. (B.O) bnr