IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13369 of 2008 Between: Pratap Srinivas S/o.Lakshmi Prasada Rao, Male R/o.9th Line Pandaripuram Chilakluripet,Guntur District ..... PETITIONER AND 1 The State of A.P Rep.by its Principal Secretary to Revenue Department Secretariat Saifabad Hyderabad 2 The District Collector Prakasam District at Ongole 3 Thasildar Parchur(M) Prakasam District 4 The Exective Engineer Irregation Department Drainage Division Drainage Board, Near Triangle Park Opp.Vetapalem Bus Stand Chirala,Prakasam District 5 The Divisonal Engineer Irregation Department Drainage Division Drainage Board, Near Triangle Park Opp.Vetapalem Bus Stand Chirala,Prakasam 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 a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in contemplating to excavate and construct embankment in the petitioner lands of Ac 8.03 cents and Ac 2.07 cents respectively covered by sy.No.113 and 114 of Garnipudi Revenue(V) without acquiring the same following due process of law by paying compensation as illegal irregular arbitrary without jurisdiction violative of Articles 14,21 and 300 A of constitution of India and consequently direct the respondents not to Excavate nor construct any embankment in the said lands. Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.13369 of 2008 ORDER: This writ petition is filed seeking a declaration that the alleged action of the respondents in contemplating to excavate and construct embankment in the lands belonging to the petitioner situated in Survey Nos.113 and 114 of Garnipudi Revenue Village without acquiring the same is illegal and arbitrary. Having heard the learned counsel for the petitioner as well as the learned Government Pleader for Land Acquisition appearing for the respondents, and having regard to the specific plea raised by the petitioner that the respondents have not taken steps under any statute for acquisition of the land, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioner in respect of the land in question without following due process of law. No costs. _______________ 26.06.2008 Note: Communicate the operative portion of the order by wire at party’s costs. (b/o) VGB