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Judgment
Vinod K. Sharma, J.—The Petitioner has invoked the writ jurisdiction of this Court with a prayer for issuance of a writ in the nature of prohibition, restraining the Respondent from entering on his land or constructing a road thereon without following due process of law, i.e., acquiring the land after paying the market value of the land.
The Writ Petition was admitted on 04.04.2006, and an interim order of injunction was granted, restraining the Respondents from encroaching upon the land, of the Petitioner.
In support of the prayer made, the case set up by the Petitioner, is that he is the owner of house plot measuring 3360 sq.ft falling under S. No. 59/3 of Madakulam village. The Respondents without acquiring the land, are taking steps to carve out a road on the private land of the Petitioner.
The learned Additional Government Pleader on instruction from Respondent No. 1 state that there is No. proposal to lay any road through the property of the Petitioner nor there is any intention to acquire the land for the present.
The Respondent No. 2, has not filed his counter.
The averments made in the petition remain un-rebutted. Consequently, the Writ Petition is allowed and a writ in the nature of prohibition is issued restraining the Respondents from interfering with the land of the Petitioner for any purpose, including the construction of road, except by acquiring the land under the provisions of law, as applicable
Consequently, connected Miscellaneous petitions are closed. No. costs.