THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.25793 of 2009 Between:
1. Gondi Chenna Krishna Reddy and others.
PETITIONER AND
1. The District Collector, Nalgonda District, Nalgonda, and others.
RESPONDENTS ORDER:
This writ petition is filed seeking the following relief.
“……issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in proposing to lay the road through the lands of the petitioners situated in Sy.No.3,241,242,243,244 and 245 of Mallareddypally Village, Chinthapally (M), Nalgonda District without issuing any notice and without initiating the land acquisition proceedings as being illegal, arbitrary unconstitutional and construction to the provisions of Land Acquisition Act and consequently direct the respondents not to lay the road through the lands of the petitioners without following the due process of Law….”
2. This Court on 01.12.2009 granted an order of status quo, which was subsequently extended until further orders on 20.04.2010.
3. The sum and substance of the case of the petitioner is that the respondent-authorities without recourse to law are proposing to lay a road through the lands of the petitioners.
4. In the counter affidavit filed by the 5th respondent, it is stated that the department has taken up upgradation of road between Nasarlapally to Homanthalapally via Mallareddypally. The counter further states that the work has been taken up for improving the condition of the road. It is further stated that the said upgradation of road is taken up in the larger interest of the public and that the respondents are not laying the road through the petitioners lands but they are upgrading the old road, which is already in existence for a long time.
5. In view of the above averments in the counter affidavit, this court deems it appropriate to dispose of the present writ petition with a direction to the respondents not to lay the road through the lands of the petitioners without recourse to law.
6. For the aforesaid reasons, the writ petition is disposed of, directing the respondents not to lay the road through the lands of the petitioners without recourse to law. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
13th November, 2014 Js.