HONOURABLE SRI JUSTICE J.SREENIVAS RAO
W.P.No.4605 of 2008
ORDER:
Heard the learned counsel for the petitioners as well as the learned counsel for respondent No.1/Municipal Corporation.
2. The petitioners filed this writ petition under Article 226 of the Constitution of India seeking a writ of Mandamus to declare the action of 1st respondent in laying 60' wide road in the land of the petitioners in Sy.Nos.399, 400, 401, 402, 403, 404, 405, 407/A admeasuring Ac.0-10 gts, Ac.0-08 gts, Ac.0-06 gts, Ac.0-05 gts, Ac.Nil, Ac.0-22 gts respectively, totally admeauring Ac.1-11 guntas situated in Kanteshwar Shivar, Nizamabad Town, without acquiring the land as per law and without paying compensation to the petitioners as arbitrary and illegal and violative of Article 300 of constitution of India and consequently direct the 1st respondent to pay the compensation to the petitioners as per the present market value. 2
3. 1st respondent filed counter affidavit stating that the respondents are developing the existing road in the approved lay out vide L.P.No.38/1979 and the respondents have not acquired any part of the land of the petitioners and they are not entitled for any compensation. The 1st respondent further brought to the notice of this Court that prior to filing of this writ petition, the very same petitioner Nos.1 and 2 herein along with 2 others have filed O.S.No.29 of 2022 on the file of Principal Junior civil Judge, Nizamabad, seeking perpetual injunction restraining the defendants from interfering with their possession and enjoyment of the suit schedule property i.e., Agricultural land comprised in Sy.No.399 to an extent Ac.0.10 gts, Sy.No.400 extent 0.08 gts, Sy.No.401 to an extent Ac.0.06 gts, Sy.No.402 to an extent Ac.0.05 gts, Sy.No.404 to an extent Ac.0.022 gts, admeasuring total extent Ac.1.11 guntas, situated at Kanteshwar Shivar, Nizamabad. In the said suit, the 1st respondent was arrayed as defendant No.2. Principal Junior Civil Judge, Nizamabad, after taking into consideration, oral and 3 documentary evidence, pleased to dismiss the suit vide judgment and decree dated 01.12.2008 and the same has become final.
4. In view of the same, petitioners are not having any right to claim possession in respect of the subject matter of the property.
5. The learned counsel for the petitioners also stated that the judgment and decree passed by the Principal Junior Civil Judge, Nizamabad, has become final.
6. In view of the same, petitioners are not entitled to claim compensation in respect of the subject matter of the property and the writ petition is devoid of merits.
7. Accordingly, the writ petition is dismissed. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
_________________________________ JUSTICE J.SREENIVAS RAO Dated: 28.09.2022 Vsl 4 5 HONOURABLE SRI JUSTICE J.SREENIVAS RAO W.P.No.4605 of 2008 Dated: 28.09.2022 Vsl