IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE TWENTY NINETH DAY OF MARCH, TWO THOUSAND TEN WRIT PETITION No.4999 of 2010 Between: Kandesh Ganga Mohan and others. … Petitioners And National Highway Authority, reptd., by its Chairman, 5 & 6, Dwaraka, New Delhi and others. … Respondents Counsel for the petitioners: None. Counsel for the respondents: Sri S.S.Varma for R.1 and R.2. None for R.3. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the action of the respondents in constructing the parking place and toilet in the middle of the land of the petitioners, comprised in Survey Nos.295/1, 295/4, 295/5 and 295/6 of Perkit Shivar, Armoor Mandal, Nizamabad District, as illegal and arbitrary. The petitioner also sought for a direction to the respondents to shift the parking place and toilet to the corner of the land acquired from the petitioner. At the hearing, there is no representation for the petitioners. According to the averments contained in the affidavit of the petitioners, the respondents have acquired an extent of Ac.3.02 guntas of land, out of Ac.9.00, belonging to the petitioners for the purpose of National High Way No.7. The grievance of the petitioner is that over a part of the said acquired land, the respondents have constructed a parking place and toilet, which are causing inconvenience to the petitioners. When the Writ Petition came for hearing on 4-3- 2010, the learned counsel for the petitioners argued that on account of the above mentioned constructions, the right of the petitioners to enter into their remaining land is getting affected. Having regard to the said submission, this Court adjourned the Writ Petition to enable the learned Standing counsel for respondents 1 and 2 to report to the Court whether sufficient space is left by the respondents to serve as ingress and egress to the petitioners’ unacquired land. Today, Sri S.S.Varma, learned Standing Counsel for respondents 1 and 2, on instructions, submitted that the length of the land, both unacquired and acquired, along the National High Way is 500 feet; and that the structures raised by the respondents occupied only for a length of 30 feet. The learned counsel for the petitioners is not present to deny this submission. Inasmuch as the land, over which the respondents have raised the constructions, is a part of the acquired land, the title over which stood vested in respondents 1 and 2, the petitioners cannot restrict the right of the respondents to use the acquired land as per their convenience. As lot of space is stated to have been left for ingress and egress to the petitioners’ unacquired land, no interference is called for. The Writ Petition is accordingly dismissed. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:29-3-2010 MNR