Telangana High Court
WP/25271/2004 of R. Jayachandra Naidu, Vs The District Collector, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.25271 of 2004 Between: 1 R. Jayachandra Naidu, S/o. R. Krishnama Naidu, R/o. Padiredu Village,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE V.V.S.RAO
WRIT PETITION No.25271 of 2004
Between:
1 R. Jayachandra Naidu, S/o. R. Krishnama Naidu, R/o. Padiredu Village, Vedamalapet Mandal, Chittoor District. Chittoor District.
2 P. Kuppa Swamy Naidu, S/o. P. Chengama Naidu, R/o. Padiredu Village, Vedamalapet Mandal,
3 P. Mohan Babu, S/o. P. Rajamma,
R/o. Padiredu Village, Vedamalapet Mandal, Chittoor District. Chittoor District.
AND
..... PETITIONERS
1 The District Collector, Chittoor.
2 The Mandal Revenue Officer, Vadamalapet Mandal, Chittoor District.
3 Mandal Parishad Development Officer, Vadamalapet Mandal,
Chittoor District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ, order or direction, more particularly one in the nature of mandamus,declaring the action of the respondents in interfering with the petitioners' possessionof their agricultural lands situated in Survey Nos.286-3A 286-3B & 286-3C ofPadiredu Village, Vadamalapet Mandal, Chittoor District and in making efforts to laya road through the lands, without initiating any proceedings in law, as illegal andarbitrary and consequently direct the respondents not to interfere with the petitioners'
peaceful possession and enjoyment of the said land and to refrain from laying a roadthereon.
Counsel for the Petitioners:MR.P.ROY REDDY
Counsel for the Respondents: GP FOR REVENUE
The Court made the following:
THE HON’BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION NO.25271 OF 2004
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ORDER
The three petitioners are residents of Padiredu Village, Vadamalapet Mandal,Chittoor District. They are owners of agricultural lands in S.Nos.286-3A, 286-3B and286-3C of Padiredu Village, as alleged in the Writ Petition. It is their case thatsecond respondent visited the lands on 16.12.2004 and 28.12.2004 and marked thelands with a view to lay approach road to S.C., S.T., colony. Apprehending coercivedispossession without due process of law, present Writ Petition is filed.
Heard the learned counsel for the petitioners. It is too late in the day to assume thatthe executive which is entrusted with serine constitutional duty to obey rule of lawwould themselves violate rule of law. Mere allegation in the affidavit accompanyingthe Writ Petition to that effect would not be sufficient to issue Mandamus to prohibitthe respondents once for all to acquire the land if the same is really required forlaying road. Be it made clear if any of the petitioners’ property is to be acquired ortaken over for laying the road, officials would do well to follow rule of law and followdue process of law.
With the above observations, the Writ Petition is dismissed.
______________
(V.V.S.RAO, J)
31.12.2004
Note:Operative portion of the order
may be communicated by WIRE
at party’s cost.
(B.O)
bnr
To
1 The District Collector, Chittoor.
2 The Mandal Revenue Officer, Vadamalapet Mandal, Chittoor District.
3 Mandal Parishad Development Officer, Vadamalapet Mandal,
4 Two CCs to the G.P. for Revenue,High Court Buildings, Hyderabad (O.U.T)
5 Two C.D. Copies.