IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 9710 of 2008 Between: 1 Kalimalla Khader Bi, W/o. Late Rasool Saheb, R/o. Dudekula Palli of Chandravari Palli Village, Kalikiri Mandal, M.C. Palam Post, Chittoor District. 2 Kalimalla Nabi Saheb, S/o. Late Rasool Saheb, R/o. Dudekula Palli of Chandravari Palli Village, Kalikiri Mandal, M.C. Palam Post, Chittoor District. 3 Kalimalla Jabbar Saheb, S/o. Late Rasool Saheb, R/o. Dudekula Palli of Chandravari Palli Village, Kalikiri Mandal, M.C. Palam Post, Chittoor District. 4 Kalimalla Vali Saheb, S/o. Late Rasool Saheb, R/o. Dudekula Palli of Chandravari Palli Village, Kalikiri Mandal, M.C. Palam Post, Chittoor District. 5 Kalimalla Noorull, S/o. Late Rasool Saheb, R/o. Dudekula Palli of Chandravari Palli Village, Kalikiri Mandal, M.C. Palam Post, Chittoor District. 6 Kalimalla Shafi Saheb, S/o. Late Rasool Saheb, R/o. Dudekula Palli of Chandravari Palli Village, Kalikiri Mandal, M.C. Palam Post, Chittoor District. ..... PETITIONER(S) AND 1 The District Collector, Chittoor, Chittoor District. 2 The Special Tahsildar (Land Acquisition), Kalikiri Mandal, Chittoor District. 3 The Tahsildar, Sarakayala Peta Village, Khambhamvari Palli Mandal, Chittoor District. .....RESPONDENT(S) 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 to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in digging a channel in the lands of the petitioners in Survey Nos. Survey Nos. 962/2, 963, 328/2, 836/1B and 836/2 situated at Sorakayala Peta Village, Khambhamvari Palli Mandal, Chittoor District without issuing any notice to the petitioners, without acquiring the land under the provisions of the land Acquisition Act and without payment of compensation of the petitioenrs as illegal, arbitrary and violative of Articles 14, 25 and 300A of the constitution of India and pass Counsel for the Petitioner:MR.M.SUBRAHMANYAM Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : ORDER: Petitioners herein are the legal heirs of late Rasool Saheb, who purchased an extent of Ac.9.00 of agricultural land in Survey Nos.962/2, 963, 986/3A, 986/2B, 316/1A, 328/2, 836/1B, 836/2, 325(P), 327/P and 328/2 situate at Sorakayala Peta Village, Khambhamvari Palli Mandal, Chittoor district, under registered sale deeds during the years 1962-84. On the basis of the said sale deeds the revenue authorities also issued Pattadar Pass Book and title deeds to the said late Rasool Saheb. The said Rasool Saheb died on 2.4.2006 and thereafter the petitioners have become the absolute owners and they are in possession of the said land. However, when the respondents dug a water channel in the midst of the agricultural lands mentioned supra, the petitioners approached this Court and filed the present writ petition stating that the said digging of water channel is without following the due process under law. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Land Acquisition. When once it is established that the petitioners are the absolute owners of the lands, may be it is true that the said lands are required for public purpose, but the said requirement and acquisition of lands shall be only under due process of law. Accordingly, the writ petition is disposed of at the stage of admission with a direction to the respondents to follow due process under law before digging a water channel in the midst of the lands of the petitioners mentioned supra. The writ petition is accordingly disposed of. _________________________ GOPALA KRISHNA TAMADA, J. 29.4.2008 kpr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}