IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.10294 of 2002 Between: 1 Layaq Ali, S/o.Yaseen Ali, R/o.Kandakurthi Vg., Renzal Mandal, Nizamabad District. 2 Shaik Ahmed Hussain, S/o.Mohammed Qasim, R/o.Kandakurthi Vg., Renzal Mandal, Nizamabad District. 3 Bijyam Jagdish, S/o.Namdev, R/o.Kandakurthi Vg., Renzal Mandal, Nizamabad District. 4 Moosa Khan, S/o.Kaja Khan, R/o.Kandakurthi Vg., Renzal Mandal, Nizamabad District. 5 Sri Khaza Khan, S/o.Ajam Khan, R/o.Kandakurthi Vg., Renzal Mandal, Nizamabad District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Secretary (Projects), Secretariat, Hyderabad. 2 The Vice-Chairman and Managing Director, A.P.State Irrigation Development Corporation, Hyderabad. 3 The District Collector, Nizamabad. 4 The Executive Engineer, A.P.State Irrigation Development Corporation, Subhashnagar, Nizamabad. 5 The Dy. Executive Engineer, A.P.State Irrigation Development Corporation Bodhan Division Bodhan, Nizamabad District. 6 Kandakurthi Lift Irrigation Co-op. Society, Rep. by its President/Chairman Mirza Khalim Baig, S/o.Ibrahim Baig, R/o.Kandakurthi Vg., Renzal Mandal, Nizamabad District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ, order or direction more in the nature of Writ of Mandamus directing the respondents herein neither to dispossess nor to make any construction or utilise the lands of the petitioner in Sy.Nos.350A; 356/EP1; 351/A; 351/E; 249/AA/P1; 306/A; 338/AA; 241/EE; 197/A and 256 situated at Kandakurthi vg., Renzal Mandal, Nizamabad District for the purpose of Lift Irrigation Scheme without notice, without following due procedure under law, without payment of compenstion by invoking the provisions of L.A.Act or holding negotiations by duly declaring the steps taken by the respondents i.e., commencement of digging operations in the lands of the petitioners without following due procedure under law i.e., without notice, without consent and without payment of compensation by invoking the provisions of L.A.Act or by holding negotiations as illegal, arbitrary and violative of Art.14, 21 and 300-A of the Constitution of India and pass Counsel for the Petitioner:MR.V.RAVI KIRAN RAO Counsel for the Respondent No.: MR.TADDI.NAGESWARA RAO The Court made the following: Form-NIC-OGS/WP{TML} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.10294 of 2002 O R D E R: None appears for the petitioners as well as respondents 2 and 5, and no counter is filed. It is the case of the petitioners that they are the permanent residents of Kandakurthi village of Renzal Mandal of Nizamabad District and all the ﬁve petitions have got small extents of lands as shown below: S.No. Owner of property Sy.No. Total extent Affected extent of land 1. Petitioner No.1 (Lands in Sy.No.351/A & 351/E were purchased by the petitioner No.1 vide regd.sale deed document No.206/2002, dt.31.12.81) 350/A 356/EP1 351/A 351/E 1.06 1.25 3.30 2.00 0-15 0-15 0-25 0-25 2. Petitioner No.2 249/AA/P1 2.26 1-00 3. Petitioner No.3 306/A 338/AA 241/EE 3.33 1.16 1.21 0-15 0-15 1-00 4. Petitioner No.4 197/A 3.00 0-90 5. Petitioner No.5 256 2.19 0-20 It is stated that the petitioners are the absolute owners and possessors of the said lands and pattadar passbooks, title deeds have also been issued in their favour. While so, under the Accelerated Irrigation Beneﬁt Programme (AIBP), the respondents have started digging operations for implementation of the Lift Irrigation Scheme for the beneﬁt of the ryots and in the said implementation of the scheme, respondents 4 to 6 made an attempt to excavate a canal from the lands of the petitioners, without issuing any notice, without acquiring their lands and without following due procedure prescribed under law. In these circumstances, the petitioners ﬁled the present writ petition, seeking to issue a Writ of Mandamus, directing the respondents not to dispossess them and not make any digging operations or constructions in their lands without following due procedure, prescribed under law. This Court, while admitting the writ petition, granted interim stay of dispossession and directed the respondents not to change the nature of the lands of the petitioners, by order dated 24.07.2002. No counter is filed so far. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of, directing the respondents not to dispossess the petitioners from their lands and not to make use of their lands for any other purpose, without following due procedure prescribed under law. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 06.09.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, Rep. by its Secretary (Projects), Secretariat, Hyderabad. 2 The Vice-Chairman and Managing Director, A.P.State Irrigation Development Corporation, Hyderabad. 3 The District Collector, Nizamabad. 4 The Executive Engineer, A.P.State Irrigation Development Corporation, Subhashnagar, Nizamabad. 5 The Dy. Executive Engineer, A.P.State Irrigation Development Corporation Bodhan Division Bodhan, Nizamabad District. 6.2CCs to 7.2CD copies