IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 10065 of 2008 Between: N. Harish Kumar S/o. Late Narayana Sharma R/o. Agraharam Village, Bukkapatnam Mandal, Anantapur District. ..... PETITIONER AND 1 The District Collector ( LA ), Anantapur, Anantapur Dist. 2 The Special Deputy Collector ( LA ), Handri Neeva Sujala Sravanthi ( Unit-I ), Guntakal, Anantapura Dist. 3 The Tahsildar, Bukkapatnam, Ananatapur Dist. .....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 issue a writ order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents in not following the procedure established under the law and trying to disposes the petitioner unauthorizedly from his private property i.e. in an extent of 4.48 in Sy.No. 143 of Agraharam Village, Bukkapatnam Mandal, Anantapur District as illegal, arbitrary and violative of Articl3e 19, 21 and 300-A of the Constitution of india and consequently direct the respondents to follow the procedure established under the law in taking the possession of the private property i.e. in na extent of 4.48 in Sy.no. 143 of Agraharam Village, Bukkapatnam Mandal, Anantapur District and pass Counsel for the Petitioner: MR,KUNCHEAMMAHESWARA RAO Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE MR. JUSTICE GOPALA KRISHNA TAMADA W.P.NO. 10065 OF 2008 ORDER: According to the petitioner, he is in uninterrupted possession and enjoyment of the land in an extent of 4.48 in Sy.No. 143 of Agraharam village, Bukkapatnam Mandal, Ananthapur district and the respondents acquired huge extents of land for the purpose of a channel i.e., Handri Neeva Sujala Sravanthi (Unit-I). As there was no notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short “the Act”), the petitioner was under the impression that his land was not required for the said purpose. However, the respondents, without any authority of law or without initiating any proceedings under the Act, are approaching the petitioner and saying that they would lay a channel through the land of the petitioner and thus are trying to dispossess the petitioner. Hence the petitioner approached this Court and filed the present writ petition. Heard learned counsel for the petitioner as well as the learned Government Pleader for Land Acquisition. As it is the contention of the learned counsel for the petitioner that there is no notification under Section 4 (1) of the Act with regard to acquisition of the land in question, the respondents are hereby directed that if the land of the petitioner is required for the purpose of laying a channel, they may do so only after following the due process of law. Till such time, the petitioner shall not be dispossessed from the land in question. The writ petition is accordingly disposed of. No order as to costs. ____________________________ GOPALA KRISHNA TAMADA, J Dt.1.5.2008 NB: Operative portion by wire at party’s costs. /BO/ KR To 1 The District Collector ( LA ), Anantapur, Anantapur Dist. 2 The Special Deputy Collector ( LA ), Handri Neeva Sujala Sravanthi ( Unit-I ), Guntakal, Anantapura Dist. 3 The Tahsildar, Bukkapatnam, Ananatapur Dist. 4. 2 CCs to GP for Land Acquisition, 5. 2 CD copies Form-NIC-OGS/WP{KSRANI}