THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.1885 of 2004 Dated 08th JUNE 2006 Between: T. Sarangapani S/o Komuraiah …… Petitioner And: The Government of Andhra Pradesh, Irrigation & Command Area Development Dept. Rep. By its Secretary, Hyderbad & 2 others ……… Respondents THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.1885 of 2004 ORDER: This petition is filed seeking writ of mandamus declaring the action of the respondents in digging Distributory-37 (Canal) of the Sri Ram Sagar Project in the petitioner’s lands in Sy.Nos.168/F and 168/G of Kamaram village, Atmakur Mandal, Warangal District, by diverting from its original plan, as arbitrary and illegal and consequently to direct the respondents not to dig the Distributory-37 (Canal) in the petitioner’s land. 2. It is the case of the petitioner that he is the owner and pattedar of agricultural lands to an extent of Ac.1.16 guntas and Ac.3.24 guntas in Sy.No.168/F and 168/G of Kamaram village, Atmakur Mandal, Warangal District and he is in possession and enjoyment of the said lands and cultivating the same personally and paying the land revenue to the Government regularly. It is his case that the respondents acquired various lands in the village long ago for the purpose of digging Distributory-37 (canal) of the Sri Ramsagar project for the purpose of providing irrigation facility to the agricultural lands. For the said purpose, the lands in Sy.Nos.164, 168,169, 180, 181, 202, 205, 216, 217, 218, 219, 259 and 260 of various persons of the village were acquired and compensation was also paid. But for the best reasons known to the respondents, the canal was partly dug and was left without any use. It seems, at the instances of politicians, hurriedly they started digging Distributory-37 (canal) in the patta land of the petitioner diverting it from its original plan. The petitioner has raised objections for the same stating that his land was neither acquired nor any proceedings under the Land Acquisition Act were initiated as in the case of other lands. Therefore, digging of the Distributory-37 (canal) of the Sri Ramsagar Project through the lands of the petitioner is arbitrary and illegal. 3. The respondents filed a detailed counter stating that an extent of Ac.1.23 guntas of land in Sy.No.168 in Kamaram village has been acquired and compensation of Rs.19,986.75 was paid long back to Sri Katta Ravinder S/o Komuraiah, through whom the other enjoyers received the compensation for their individual holdings. But there is no assertion in the counter that the lands of the petitioner to the extent indicated in the affidavit in Sy.No.168/F and 168/G were also acquired and compensation was paid. An additional counter is also filed stating that Sarpanch and Upa sarpanch addressed a letter to the Executive Engineer, Sriramsagar Project, that in view of the disputes between one Sri Kette Swamy and the petitioner herein, the canal for about 20 chains were not excavated and that the dispute was settled and the excavation work can be taken up. Learned counsel for the petitioner disputed the fact as to the settlement of any dispute between the petitioner and Kette Swamy. 4. In the above backdrop, the only conclusion that can be reached is that the respondents are trying to dig Distributory-37 (Canal) of the Sriramsagar Project from the lands of the petitioner without any authority of Law and without invoking the provisions under Land Acquisition Act and paying proper compensation. Therefore, the action of the respondents in digging Distributory-37 (Canal) of the Sriramsagar Project from the lands of the petitioner is arbitrary and illegal. The respondents are directed not to interfere with the lands of the petitioner without initiating proceedings under Land Acquisition Act. 5. With the above direction, the writ petition is disposed of. No order as to costs. _________________ C.V. RAMULU, J Dt. 8th June 2006 BSS