IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14707 of 2007 Between: G. Ramachandar Rao, S/o.lae G. Damodhar Rao, R?o.Katkoor Village, Bheemadevara Pally Mandal, Karimnagar District. ..... PETITIONER AND 1 The District Collector, ( panchayat Wing), karimnagar, Karimnagar District. 2 The Mandal Development Officer, Bheemadevara Pally Mandal, Karimnagar District. 3 The Gram Panchayat, Katkoor Village, Bheemadevara Pally mandal, Karimnagar District, rep. by its Panchayat Secretary. 4 The Sarpanch, Katkoor Gram Panchayat, Katkoor Village, Bheemadevara Pally mandal, Karimnagar District. .....RESPONDENT(S) 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 Writ order o orders, particuarlly one in thenatureof Writ of Mandmaus declaring the actionof the respondents in laying the road connecteing main Bazar to Government School through petitioners land accupying to an extent of 15 guntas in Sy.No.5/AA situated at Katkoor Village, Bheemadevarapally Mandal, Karimnagar District without acquiring and without paying the compensationis arbitrry and illegal and a directin may be issued to acquire theland and pay the just compensation in the interest of Justice or to pass. Counsel for the Petitioner:MR.M.RAMA RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14707 of 2007 ORDER: The petitioner is the owner of Ac.2.00 of land in Survey No.55/AA of Katkoor Village, Bheemadevarapally Mandal, Karimnagar Distrct. His grievance is that the respondents have laid a road, connecting the Zilla Parishad School and main bazaar, through his land, without acquiring it and without paying compensation. The 3rd respondent ﬁled a counter aﬃdavit. It is stated that no road, as such, was laid across the land of the petitioner and only a path way, that too, with the consent of the petitioner, was created, for the exclusive facility of the school children, to reduce the distance between the village and the school. It states that the petitioner also attended the programme, under which the path way was created. It is also stated that the Gram Panchayat does not have the ﬁnancial capacity to pay compensation for the land of the petitioner. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The respondents do not dispute the ownership of the petitioner over the land, in question. They admit that a path way was created across the land, to provide facility to the school children. The petitioner is said to have given consent for providing such path way. Even assuming that he did not give such consent, the grievance of the petitioner stands redressed, in view of the fact that the respondents never claimed any right over the land and they have expressed their inability to acquire it also. Therefore, it is for the petitioner to decide whether or not to permit the existing path way. The writ petition is disposed of, taking on record the representation made by the 3rd respondent, that it does not have any exclusive right over any part of the land of the petitioner, nor does it have the capacity to purchase it. There shall be no order as to costs. _________ 19.09.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14707 of 2007 Date: 19.09.2008 JSU