HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.24586 of 2011 Date : 22-12-2011 Between: Mummaneni Venkateswara Rao and others .. Petitioners and The Executive Engineer, Indira Sagar Project, Right Canal Division-III, Jangareddygudem, West Godavari District .. Respondents Counsel for petitioners : Sri S.D. Gowd Counsel for respondent No.1 : Assistant Government Pleader for Irrigation & Command Area Development Counsel for respondent No.2 : Assistant Government Pleader for Land Acquisition The Court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of the respondents in making attempts to excavate a canal from Indira Sagar Project (Polavaram Project) Right Canal to the reservoir of Chintalapudi 3rd Lift Irrigation through the petitioners’ lands in Sy.No.9/1 of Taduvai village, Jangareddigudem Mandal, West Godavari District, without initiating land acquisition proceedings, as illegal and arbitrary. In the counter-affidavit filed by respondent No.1, it is inter alia stated that the draft notification for acquiring the lands including the petitioners’ lands was issued by the Land Acquisition Officer vide ROC No.171/2011, dated 13- 9-2011 which was published on 24-9-2011 in the daily newspaper; that the staff of the respondents never attempted to excavate the canal through the petitioners’ lands and that only after acquiring the lands of the petitioners and paying compensation as per the procedure under the Land Acquisition Act, 1894, the work of excavation of the canal will be taken up. The learned counsel for the petitioners submitted that in the light of the above mentioned stand taken in the counter-affidavit, the Writ Petition may be closed. Accordingly, the Writ Petition is disposed of by placing on record the contents of the counter-affidavit referred to above. As a sequel, WPMP No.30195/2011 and WVMP No.4046/2011 are disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 22-12-2011 AM