IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 18331 of 2008 Between: Yerri Gangamma W/o Yerri Subba Reddy R/o Kolumulapalle Village, C.K. Dinne Mandal, Kadapa district. ..... PETITIONER AND 1 The Thasildar, C.K.Dinna Mandal, Kadapa District. 2 The Revenue Divisional Officer, Kadapa District. 3 The State of A.P. rep, by its District Collector, Kadapa District. 4 Gurralagadda Shamsheer, S/O.Mubarak, R/o Gurralagadda, Opposite D. No. 5/413, 6th Ward, Kadapa Town and 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 an appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 1 to 3 in trying to form a road/rasta high handedly in the land belonging to the petitioner in Sy.No,3/3 extent Ac.5-42 cents of Jamalpalli village of C.K.Dinne Mandal, Kadapa District, though a pucca rasta/road is already existing in Sy.No.3/2 of Jamalpalli village of C.K.Dinne Mandal, Kadapa District, without following due process of law as illegal, arbitrary and consequently direct the respondent 1 to 3 to follow the due process of law after conducting a comprehensive enquiry into the whole issue and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.S.S.BHATT Counsel for the Respondent No.: GP FOR REVENUE The Court made the following Order: This Writ Petition is ﬁled seeking a Writ of Mandamus declaring the action of the oﬃcial respondents in trying to form a road high handedly in the land belonging to the petitioner in Sy.No.3/3 of Jamalpalli Village, C.K.Dinne Mandal, Kadapa District, though a pucca road is already existing in Sy.No.3/2 of Jamalpalli Village, without following due process of law as illegal and arbitrary. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue and at their request, the writ petition itself is taken up for disposal. It is the case of the petitioner that his father late P.Gangireddy was a landless poor and the Government after due enquiry, assigned him an extent of Ac.5.42 cents in Sy.No.3/3 of Jamalapalli village in the year 1961. Since then, the petitioner’s father was in peaceful possession and enjoyment of the said property and later, he had gifted the said property to the petitioner under a registered gift deed dated 06-07-1974 and since then, he is in continuous possession and enjoyment of the same. The grievance of the petitioner is that the oﬃcial respondents are trying to lay a road in his land i.e. in Sy.No.3/3, though a pucca road is already existing in Sy.No.3/2 of Jamalpalli Village, without following due process of law. On instructions, learned Government Pleader for Revenue states that the land in Sy.No.3, in an extent of Ac.18.05 cents of Jamalpalli village of C.K.Dinne Mandal, is assigned land and it was sub-divided as follows: S.No. Extent 3/1 2.27 3/2 2.78 3/3 5.42 3/4 2.69 3/5 4.89 -------------------- Total 18.05 --------------------- Learned Government Pleader further states that the above lands were assigned to six assignees, that there are no proposals to lay rasta in Sy.No.3/3 and that the petitioner has ﬁled the writ petition in anticipation of forming rasta in Sy.No.3/3. The apprehension of the petitioner that the respondents are trying to lay road in his land i.e. in Sy.No.3/3 is without basis since the learned Government Pleader for Revenue stated that there is no proposal to lay road in Sy.No.3/3. Recording the statement of the learned Government Pleader for Revenue that there is no proposal to lay road in Sy.No.3/3, the writ petition is closed. _________________ N.V.RAMANA,J Dt:25-08-2008 Usd To 1 The Thasildar, C.K.Dinna Mandal, Kadapa District. 2 The Revenue Divisional Officer, Kadapa District. 3 The District Collector, Kadapa District. 4 Two CCs to GP for Revenue, High Court Buildings, Hyderabad (OUT). 5 Two CD copies.