HON’BLE SRI JUSTICE S.V.BHATT W.P.No.13183 OF 2001 ORDER: The petitioner prays for Mandamus declaring the action of respondents in not paying compensation for the land acquired to an extent of Ac.1-68 cents in Sy.No.147 of Ongole, Prakasam District for widening NSP canal, as illegal, arbitrary and unconstitutional. The petitioner claims to be the mutavalli of Ashoorkhana, Rajavari Peerala Chavidi, Gandhi Road, Ongole. It is averred that the said Chavidi is the owner of an extent of Ac.7-31 cents in Sy.No.147 of Ongole Village. The grievance of the petitioner is that an extent of Ac.1-68 cents in Sy.No.147 of Ongole Village is submerged in widening NSP canal and the respondents neither have acquired the land, much less paid any compensation to Peerala Chavidi and such unauthorized deprivation of property is unconstitutional. The said act of submergence of land in Sy.No.147 and widening NSP canal are complained as illegal and unconstitutional. The 3rd respondent filed counter-affidavit stating that the 1st respondent is person-in-charge of either administration of NSP canal or to place before the Court on the actual factum of submergence of petition land in the widening of NSP canal. The 4th respondent has filed counter-affidavit and the reply of 4th respondent is not relevant for the purpose of disposing of the writ petition. The learned Government Pleader has placed before the Court the original record i.e., survey number wise ayacut register of NSP canal passing through various survey numbers viz., Sy.Nos.142, 143, 144 and the boundaries of such numbers. On the basis of original record and also the instructions he has received, he submits that NSP canal is terminated at 16 L and 17 T (tail) and the NSP is not passing through Sy.No.147 of Ongole village. The learned counsel for the petitioner, however, disputes the statements of learned Government Pleader. I have perused the original record placed before the Court. Firstly, the material filed by the petitioner prima facie does not show submergence of petition land for widening NSP canal in Sy.No.147 and secondly the original record shows contrary to the case pleaded by the petitioner. The issue definitely involves adjudication of issue of fact between the parties. Prima facie, it appears the NSP canal is ending with 16 L in Sy.No.143 and 17 T in Sy.No.144. Once it is prima facie shown that no part of the NSP canal is passing through Sy.No.147, the widening of such a canal does not arise. The petitioner has not made out case of submergence of the land belonging to Peerala Chavidi for consideration under Article 226 of the Constitution of India. The writ petition is disposed of by leaving it open to the petitioner to work out the available remedies in the competent Court/Tribunal for vindication of any grievance vis-à-vis the land covered by Sy.No.147 of Ongole Village. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________ S.V.BHATT,J 27th August, 2014 Lrkm