IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND SIX P R E S E N T THE HON’BLE SRI JUSTICE V.ESWARAIAH * * * WRIT PETITION No.6956 of 2006 Between: Bolla Nageswari Devi, w/o. Muneswara Rao Aged about 45 years, Husband Protection, R/o.Gollavani Cheruvu, Jinnuru Post, Palakol Mandal, West Godavari district & Ors. … Petitioners Versus The Commissioner, Palakol Municipality, Palakol, West Godavari district & Ors. … Respondents Counsel for the Petitioner: M/s.SVR.Subrahmanyam Counsel for the Respondents: S.Nageswara Reddy GP for MPL Admn.& Urban Development GP for Revenue O R D E R : The case of the petitioners is that they are having small extents of agricultural lands as indicated below: --------------------------------------------------------------------------------------------------- Sl.No. Name of the owner R.S.No. Extent Acs: Cts. 01. Bolla Nageswari Devi 110/1A & 110/1B 01- 95 02. Penumastha Suryanarayana Raju 107 & 111 03-83 03. Penumastha Satyavathi 107/5, 6 & 111 03-59 04. Penumastha Gopalakrishnamraju 110/1B 01-30 05. Chimata Aruna Devi 107/4, 5 & 111/B 03-98 06. Kakara Mani 108/1A 00-50 07. Nadimpalli Venkatasubbaraju 108 03-03 08. Nalli Peddi Raju 108 00-50 09. Jallisagar 107/4, 5 02-00 10. Kasukurthi Lakshmi 110/2 00-54 11. Bhale Peddiraju 108/1B 00-55 12. Bolla Swapna Vijayalakshmi 110/1B 00-70 13. Ganta Geetha Vani 108/2, 3 01-10 -------------------------------------------------------------------------------------------------- It is stated that the said lands are situate at Vadlavanipalem Panchayat area of West Godavari district. It is stated that for construction of summer storage tank for Palakole Municipality 4(1) notification was issued proposing to acquire certain other lands but not the petitioners land. It is stated that the lands of the petitioners cannot be taken away for the purpose of summer storage tank, which is no doubt useful for the public purpose. I am of the opinion that the action of respondents without following the due procedure prescribed under law either by way of private negotiations or by way of initiating proceedings under the Land Acquisition Act by paying compensation to the petitioners cannot be dispossessed from their lands in question. Having regard to the facts and circumstances of the case, the writ petition is accordingly disposed of directing the respondents not to dispossess the petitioners without following due procedure prescribed under law. With the above direction, the writ petition is accordingly disposed of. No costs. APRIL 06th, 2006. --------------------- --- I s L. V. ESWARAIAH, J.