IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 19574 of 2008 Between: Atluri Vijaya Lakshmi W/o. Seetharamaiah presently 510 Fallen Timbers Trail,Fort Wayne U.S.A rep. by her Power of Attorney holder Aluri Sridhar Rao S/o.Kotaiah(53) Choduripalem,Kavali(M), Sri Potti Sreeramulu,Nellore District ..... PETITIONER AND 1 The Government of Andhra Pradesh rep.by its Principal Secretary Irrigation &CAD Department A.P Secretariat, Hyderabad 2 The District Collector Sri Potti Sriramulu Nellore District 3 The Special Collector Telugu Ganga Project Nellore Sri Potti Sreeramulu Nellore District 4 The Special Deputy Collector (LA) Somasila Project Atmakur at Nellore Sri Potti Sriramulu Nellore District 5 The Eexecutive Engineeer Division II Somasila Project Dargamitta Nellore Sri Potti Sreeramulu Nellore 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 an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent authorities in digging the canal in the petitioners land admeasuring an extent of ac 5.40 cents in Sy No.81,82/1 and 83 situated at Jaladanki(V) and (M) Sri Potti Sreeramulu Nellore District as arbitrary illegal null and violative of principles of natural justice and Article 300-A of constitution of India and consequently to direct the respondent authorities not to dig canal in the petitioner's land without following the due process of law. Counsel for the Petitioner: MR.BALAJI MEDAMALLI Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 19574 of 2008 O R D E R: This writ petition is ﬁled seeking a declaration that the action of the respondent authorities in digging a canal in the petitioner’s land admeasuring Ac.5.40 cents in Sy.Nos.81, 82/1 and 83 situated at Jaladanki Village and Mandal, Sri Potti Sreeramulu Nellore District, is arbitrary and illegal. At the outset, it is to be noted that the petitioner has already made a representation before the second respondent-District Collector on 04-09-2008 explaining his grievance and seeking redressal. As could be seen, the grievance of the petitioner is with regard to alleged deviation of the alignment, which cannot be enquired into and decided by this Court in exercising jurisdiction under Article 226 of the Constitution of India. At any rate, since the petitioner’s representation dated 04-09-2008 is already pending before the second respondent, the writ petition is disposed of with a direction to the second respondent to consider the same and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of one week from the date of receipt of a copy of this order. It is also open to the petitioner to approach the District Collector for staying the alleged digging of the canal in his land. No costs. ______________ G. ROHINI,J Date: 09-09-2008 Note : Issue C.C. by tomorrow. B/o KLP