THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

WRIT PETITION No.1753 of 2016

ORDER:

This writ petition is filed to declare the action of respondent No.3

in marking the land of the writ petitioner to an extent of Ac.0.20 guntas in Survey No.344/A situated at Achampet Mandal, for the purpose of formation of CC Road towards Valapatla Village without acquisition, as

per law, as illegal, arbitrary and for consequential relief.

2. Heard Sri V.Hanumanth Rao, learned counsel for the petitioner and Sri Putta Krishna Reddy, learned Standing Counsel for respondent

No.3.

3. Learned counsel for the petitioner represented that the petitioner is the owner and possessor of the land admeasuring Ac.2.36 guntas of Survey No.344/A, having acquired the same from the ancestors, that the petitioner came to know that respondent No.3 has earmarked the land admeasuring Ac.0.20 guntas for formation of CC road towards Valapatla Village and taking steps to lay the road; that the petitioner has protested the said action of the respondent to lay the road and submitted his objections dated 11.01.2016 to respondent No.3 not to lay the road through his land, but respondent No.3 was proceeding with laying of CC road on instructions of local corporators, who have political differences with the petitioner and aggrieved by the same, this present

writ petition is filed.

4. Learned counsel for the petitioner would submit that the respondent No.3 has no authority to lay CC road through the land belonging to the petitioner without following any procedure and without

acquiring the same. He further submits that if the land of the petitioner is required for laying of CC road, the respondents have to acquire the same before taking further steps. In the present case, the respondents have not acquired the land of petitioner before proceeding with laying of CC road, which is contrary to settled law. Hence, prayed this Court to allow the writ petition.

5. Learned Standing Counsel for respondent No.3 by referring to the counter filed by respondent No.3 would submit that the grandfather of the petitioner has purchased land to an extent of Ac.1.10 guntas in Survey No.344/A situated at Achampet Village and Mandal under a registered sale deed No.928 of 1981 dated 21.08.1981 as per which on two sides of the land i.e., western and northern sides, there was cattle track. He further submits that the respondent has undertaken conversion of metal road which was in existence since 1940 on northern side. On request of the villagers, the existing metal road was converted into CC road and the same was completed in the first week of January, 2016. He further submits that respondent No.3 has not interfered with the land of the petitioner and in fact the existing metal road was converted into CC road. He finally submitted that the writ petition is devoid of any merit and liable to be dismissed.

6. A perusal of material placed on record that the petitioner’s grandfather purchased land to an extent of Ac.1.10 guntas in Survey No.344/A situated at Achampet Village and Mandal under registered sale deed No.928 of 1981 dated 21.08.1981 and the said property is surrounded by cattle track on two sides i.e., western and northern. According to respondent No.3, the cattle track was in existence since 40 years on the northern side of the petitioner’s property and at the request of villagers, the metal road has been converted into CC road and no land of the petitioner was affected while formation of CC road. Since the respondents have only converted the existing metal road into CC road. The petitioner failed to place any material on record to show that respondent No.3 had laid CC road through the land of the petitioner.

7. In view of the above facts and circumstances of the case, this Court is of the considered opinion that petitioner has failed to establish that CC road has been laid through the petitioner’s land. Accordingly, this writ petition is dismissed, however liberty is granted to the petitioner to take ap