IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4494 of 2009 Between: Motaparthi Ravi, S/o. Venkateswara Rao, Katamreddypalli Village, Dharmajidugem Post, Lingapalem Mandal, West Godavari District. ... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary to Panchayat Raj and Rural Development Department, Secretariat, Saifabad, Hyderabad. 2 West Godavari District Zill Praja Parishad, rep. by its Chief Executive Officer, Eluru, West Godavari District. 3 Dharmajigudem Gram Panchayat, rep. by its Executive Authority cum Panchayat Secretary, Dharmajidugem Village, Lingapalem Mandal, West Godavari District. 4 Executive Engineer, Roads and Buildings Department, Eluru, West Godavari District. ... RESPONDENTS 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 Respondents in contemplating to form road through the petitioner landed property of Ac. 2.00 cents in Sy.No. 205 of Dharmajigudem Village without acquiring the same and without jurisdiction, violative of the provisions of Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from any portion of said landed property without following due procedure established by law and pass Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.4494 of 2009 ORDER: The petitioner claims to be the owner of an extent of Acs.2.00 of land in survey No.205 of Dharmajigudem Village, Lingapalem Mandal, West Godavari District. It is stated that a passage runs by the side of the land of the petitioner with a width of 14 feet. The grievance of the petitioner is that the respondents are trying to widen the existing road up to 40 feet by utilizing the land of the petitioner. He seeks appropriate directions, in this regard. Heard leaned counsel for the petitioner and learned Government Pleader for respondents. The petitioner admits that a public passage exists by the side of his land. In case, the width, as per the sketch prepared by the survey records, is only 14 feet, the respondents cannot utilize the land of the petitioner, without acquiring it, or by paying compensation. On the other hand, if the sketch discloses that the width of the existing passage is more than 14 feet, the widening can be undertaken duly fixing the boundaries, after issuing notice to the petitioner. Hence, the Writ Petition is disposed of, directing that: a) In case survey and measurement of the existing road, passing by the side of the lands of the petitioner, as per the sketch, is only 14 feet, the respondents shall not utilize any land of the petitioner; and b) If the sketch discloses that the width is more and the petitioner is in possession and occupation of any part of that sketch, it shall be open to the respondents to fix the boundaries and take further steps as per the boundaries so fixed. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. Dated:05.03.2009 GJ