IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26889 of 2008 Between: Smt.K.V.S.Sunitha W/o.Ramamohan Rao R/o.Sri Gopala Krishna Lorry Supply office M.G.Road,Kothagudem,Khammam District ..... PETITIONER AND 1 The District Collector, West Godavari District,Eluru 2 The Tahsildar,Bhimadolu Mandal, West Godavari 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 to declare the action of the respondents for digging the Tatipudi canal and laying the stones acroos the petitioner land admeasuring Ac.12.52 cents inSY.No.227 of Polasanipally village, of Bheemadolu Mandal, West Godavari District without issuing any notice or initiating any proceeding is as illegal,arbitrary,and against to the principles of natural justice in the interest of justice and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: SRI KILARUKHADER BABA Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26889 of 2008 ORDER: The petitioner is allegedly owner of land admeasuring Acs.12.52 in survey No.227 situated at Polasanipally Village, Bheemadolu Mandal, West Godavari District. She filed instant writ petition alleging that second respondent along with surveyor and subordinate officials came to her land and fixed stones and that when asked she was informed that the land is being taken for digging irrigation canal. Alleging that due process was not followed as contemplated under the Land Acquisition Act, 1894 (the Act, for brevity), the petitioner filed instant writ petition for such declaration. After obtaining instructions, learned Assistant Government Pleader for Revenue submits that the Government proposed to acquire Acs.29.34 of said village for Indira Sagar Project, Rajahmundry, and accordingly notification under Section 4(1) of the Act in proceedings No.B2/64/08 dated 26.02.2008 was issued and the same was published in Andhra Pradesh Gazette No.ISP/81/2008. He further states that after following due procedure award was passed on 23.10.2008, that amount of compensation was distributed through cheques and that the petitioner’s name was not that of the person whose name was mentioned in 4(1) notification. In view of the submissions made by learned Assistant Government Pleader, this Court holds that the petitioner filed instant writ petition without revealing factual background. However, liberty is given to her to approach Land Acquisition Officer, Indira Sagar Project, Rajahmundry, for necessary redressal in the matter. With the above observations, the writ petition is dismissed. No costs. _____________ (V.V.S.RAO, J) 10th December, 2008 Note: Issue CC by 15.12.2008 (B/o) GHN To 1 The District Collector, West Godavari District,Eluru 2 The Tahsildar,Bhimadolu Mandal, West Godavari District 3 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 4 2CD copies Form-NIC-OGS/WP{TRK}