THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31453 OF 2011 O R D E R: This writ petition is filed seeking to issue writ of Mandamus declaring the action of respondent No.3 in issuing the Gazette Notification in Andhra Pradesh Gazette Extraordinary Number 479, dated 09.09.2010, in which they changed the land use by converting the residential zone as a road including the petitioners’ land without any right and notice and consequently to set aside the same. 2. The brief facts, as stated in the affidavit filed in support of the writ petition, are that the father of the petitioners was assigned land bearing D.No.211/3 ameasuring Ac.0.47 cents of Tenali Village, Tenali Sub Division, Guntur Division by the Government in the year 1975, as he worked in defence forces. Their father paid all the instalments and became the absolute owner of the property. Their father executed a registered gift deed, dated 22.05.1985, in favour of the petitioners and as such, the petitioners are the absolute owners and are enjoying the said land since 1985 onwards and have been paying the cist regularly to the revenue authorities. On 18.10.2008, the petitioners made an application to respondent No.1 for construction of houses (two huts) in the said plot, but the same was rejected vide proceedings, dated 04.11.2008, on the ground that the site of the proposed constructions falls in the master plan as 40” road and identified as 40 feet donkaroad of Yedla Lingaiah Colony Layout. The respondents granted permission for construction of houses to some persons, whose sites are adjacent to the petitioners’ site. The petitioners filed W.P.No.25313 of 2008 and the same was disposed of with a direction not to dispossess the petitioners from the said plot and if really the said plot is required for the purpose of widening of road as per the master plan, it can be done only after acquiring the said plot, but respondent No.1 neither acquired the said land under the Land Acquisition Act nor implemented the said master plan. Again, the petitioners made application on 03.04.2010 with all the required documents and requested to grant permission for construction of the two huts, but the same was rejected vide endorsement, dated 16.04.2010, on the ground that the site of the proposed construction falls in the master plan as 40 feet road and identified as 40” feet donkaroad of Yedla Lingaiah Colony layout. Aggrieved thereby, the petitioners preferred W.P.No.32256 of 2010 whereby status-quo was ordered. The respondents neither acquired the land of the petitioners nor paid any compensation to the petitioners and bluntly proceeded further by issuing the notification, dated 09.09.2010. The objection raised by respondent No.1 is that as per the master plan, the said land is in 40 feet wide road, but as per the impugned Gazette Notification, the land was converted from residential zone to road, which is contrary to G.O.Ms.No.689, dated 30.12.2006. Hence, the present writ petition. 3. Heard both sides. 4. As seen from the draft Notification, objections or suggestions are called for. As a matter of fact, petitioners also filed their objections before the competent authority. Therefore, respondent No.3 is directed to take appropriate decision in accordance with law by duly considering the objections filed by the petitioners. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 15th December, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31453 OF 2011 Date:15.12.2011 AMD