IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE FOURTH DAY OFAPRIL, TWO THOUSAND EIGHT ONLY WRIT PETITION No.685 of 2008 Between: Gogulamudi Rami Reddy and eight others. … Petitioners AND The State of Andhra Pradesh, reptd., by its Principal Secretary to Food and Agriculture Department, Secretariat, Hyderabad and another. … Respondents Counsel for the petitioners: Sri Nimmagadda Satyanarayana. Counsel for the respondents: Sri K.Madhava Reddy, learned Standing Counsel for R.2. This Court made the following: ORDER:- This Writ Petition is filed for a Writ of Mandamus to declare the action of the respondents in insisting the petitioners to vacate their respective lands comprised in Survey No.283 of Thripuranthakam village for establishment of Agricultural Market Committee, as illegal, arbitrary and without jurisdiction. Heard Sri Nimmagadda Satyanarayana, learned counsel for the petitioner, and Sri K.Madhava Reddy, learned Standing Counsel representing Agricultural Market Committee, Markapur, respondent No.2 herein. The only grievance of the petitioners is that without any right, respondent No.2 has been seeking to dispossess the petitioners from their respective lands for the purpose of establishment of Agricultural Market Committee. The Secretary of respondent No.2 filed a counter- affidavit, in which it is averred that in the year 1980 respondent No.2 made a request to the Government for alienation of the lands in question for establishment of a Market Yard, but the said alienation proposals have not materialized as yet. It is further stated that respondent No.2 renewed its request to the Government by letter dated 16-10-2007 and that the Special Deputy Collector, Land Acquisition, Unit-I, NSP-Kurichedu, Prakasam District, in his letter dated 25-6-1980 informed respondent No.2 that an extent of Ac.10.34 cents of land in Survey Nos.283/1 and 283/2 of Tripurantakam village stood acquired in Award No.65/77 dated 28-6-1977 for borrow area for the main canal. It is further averred that the Superintending Engineer, N.S.R.C.O. & Main Canal Circle, Lingamguntla, Narasaraopet in his letter dated 28-4- 1987 communicated that the Chief Engineer, N.S. Project is required to obtain orders from the Government to alienate an extent of Ac.7.56 cents of land in the above mentioned Survey Number to respondent No.2 and that the said proposals have been kept aside. A perusal of the averments in the above mentioned counter-affidavit shows that so far the Government or any other competent authority has not allotted the lands in question to respondent No.2. Unless and until such an allotment is made by following due process of law, respondent No.2 cannot claim any right over the said lands. The learned Standing Counsel for respondent No.2, at the hearing, stated that so far his client has not made any attempt to take possession of the lands in dispute. He also stated that unless and until the lands in question are allotted to respondent No.2, in accordance with law, it will not make any claim over the said property. The said stand of respondent No.2 is taken on record and the Writ Petition is accordingly disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J 04-4-2008 MNR