ORDER :

1) The present Writ Petition came to be filed questioning the action of the Respondents in laying the road through land in Survey No. 104/2 admeasuring Acres 0.25 Cents situated at Uttarakanchi Village, Prathipadu Mandal, East Godavari District, without acquiring the same under the provisions of the Land Acquisition Act, as illegal, improper and incorrect.

2) The averments in the affidavit, filed in support of the Writ Petition, show that the father of the Petitioner purchased land to an extent of Acres 3.49 Cents in Survey No. 104/2 in the year 1979 and after his demise, the Petitioner become the sole and absolute owner of the property and claims to be in physical possession of the same.

3) It is said that, while the Petitioner was residing in Hyderabad, some persons illegally grabbed the land to an extent of Acres 0.10 Cents out of Acres 0.25 cents and, as such, he instituted a Suit for declaration and recovery of possession vide O.S. No. 87 of 2013. Initially, an order of injunction came to be passed.

4) While the matter stood thus, on 30.12.2014, when the Petitioner visited his home town, he was surprised to notice a stone laid on 14.12.2014, for laying a road from Uttaraka