IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA WRIT PETITION NO : 4886 of 2005 Between: 1.Makineni Venkateswararao, s/o China Veeraiah, r/o Abbineniguntapalem, Pedanandipadu Mandal, Guntur District. 2.Makineni Venkateswararao, s/o Krishnarao, r/o Abbineniguntapalem, Pedanandipadu Mandal, Guntur District. 3.Chimata Sanjeev @ Bhojaraju, s/o Narayana, r/o Abbineniguntapalem, Pedanandipadu Mandal, Guntur District. 4.Makuneni Sivaguruprasad, s/o Veeraiah, r/o Abbineniguntapalem, Pedanandipadu Mandal, Guntur District. 5.Vegendla Paparao, s/o Sreeramulu, r/o Abbineniguntapalem, Prattipadu Mandal, Guntur District. 6.Makineni Sudhakar, s/o Peda Veeraiah, r/o Abbineniguntapalem, Prattipadu Mandal, Guntur District. 7.Vegendla Suryanarayana, s/o Seshaiah, r/o Abbineniguntapalem, Pedanandipadu Mandal, Guntur District. 8.Madamanchi Narayanarao, s/o Venkata Subbaiah, r/o Abbineniguntapalem, Pedanandipadu Mandal, Guntur District. 9.Madamanchi Venkayamma, s/o Narayanarao, r/o Abbineniguntapalem, Pedanandipadu Mandal, Guntur District. ..... PETITIONERS AND 1.Vice Chairman & Managing Director, A.P. State Irrigation Development Corporation Ltd., Maitrivanam, HUDA Complex, Hyderabad. 2.Executive Engineer, APSIDC, D.No.1-4-103/4, 3rd Lane, Chandramoulinagar, Guntur, Guntur District. 3.Deputy Executive Engineer, APSIDC, D.No.5-342, Behind Telephone Exchange, Chilakaluripet, Guntur District. 4.Idpalapati Chandraiah, s/o Nagaiah, Committee President of Sri Makineni Lift Irrigation Scheme, Abbineniguntapalem, Pedanandipadu Mandal, Guntur 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 issue a writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the respondents in entering the lands of the petitioners in S.No.377, 379, 378,353, 397/A, 397/B, 391/E of Gorijavoluguntapalem Village, Pedanandipadu Mandal, Guntur District save by authority of law as contemplated under Article 300-A of the Constitution of India as arbitrary, illegal, without jurisdiction, opposed to the principles of natural justice and null and void and pass such other and further orders. Counsel for the Petitioner: MR.N.SRIRAM MURTHY Counsel for the Respondent Nos.1 to 3: MR.T.NAGESWARA RAO, Standing Counsel for APSIDC Limited. Counsel for the Respondent No.4: None appears. The Court made the following: THE HONOURABLE SRI JUSTICE D.S.R.VARMA W.P.NO.4886 OF 2005 ORAL ORDER: Heard both sides. 2. The grievance of the petitioners is that the bits of lands belong to them, which are private lands, are being taken away for the purpose of digging channels, without following due process of law. 3. No doubt, digging channels for the public case is laudable. Time and again the apex Court as well as this Court held that whenever the private lands are required for the public purpose, the same can be done by due process of law. 4. For the foregoing reasons, suffice it to dispose of the writ petition with a direction to the respondents not to proceed further with the digging of the channels in question in the lands of the petitioners, except by following due process of law. 5. Accordingly, the writ petition is disposed of, at the stage of admission. However, there shall be no order as to costs. -------------------------- D.S.R.VARMA, J 07TH APRIL, 2005 NOTE: Issue operative portion by wire at party’s cost. (BO) KRK/VA To: 1.Vice Chairman & Managing Director, A.P. State Irrigation Development Corporation Ltd., Maitrivanam, HUDA Complex, Hyderabad. 2.Executive Engineer, APSIDC, D.No.1-4-103/4, 3rd Lane, Chandramoulinagar, Guntur, Guntur District. 3.Deputy Executive Engineer, APSIDC, D.No.5-342, Behind Telephone Exchange, Chilakaluripet, Guntur District. 4.Idpalapati Chandraiah, s/o Nagaiah, Committee President of Sri Makineni Lift Irrigation Scheme, Abbineniguntapalem, Pedanandipadu Mandal, Guntur District. 5.Two CD copies.