HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.12701 of 2009 Date: 06.12.2010 Between : Y. Venkatramana Reddy & others. …….Petitioners And The Government of A.P., rep. by its Secretary, Irrigation Department & others. ….Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.12701 of 2009 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents in not adopting the procedure contemplated under the Land Acquisition Act, 1894, while acquiring their lands situated in Sy.Nos.237, 238, 239, 248, 251, 257, 278 and 280 of Yarragunglapalli H/o. Tatiguntapalem village of Sodam Mandal in Chittoor District for excavation of Sodam Distributory Canal of AVR HNSS project, Madanapalle from 0.00 km to 43.00 km, as illegal and arbitrary. The Executive Engineer, AVR HNSS project, Circle- 3, Madanapalle of Chittoor District, has sent a requisition for acquisition of lands, which are required for excavation of distributory canal from k.m.0.00 to 11.425 under HNSS project in Venkatadasarpalli, Sodam. When the survey works were taken up, the petitioners, who are the owners of lands in Sy.Nos.237, 238, 239, 248, 251, 257, 278 and 280 of Yarragunglapalli H/o.Tatiguntapalem village of Sodam Mandal, approached this Court, mainly complaining that the respondents are interfering with their possession over the patta lands, without following the procedure contemplated under the Land Acquisition Act. A detailed counter affidavit is filed by the 6th respondent-Executive Engineer. In the counter, while generally denying the various allegations made by the petitioners, it is stated that the lands of petitioners are proposed to be acquired for public purpose i.e. for excavation of Sodam distributory canal, and Land Plan Schedules were prepared for acquisition of the said lands. It is further stated that as a matter of fact, no land acquisition proceedings were initiated and when survey works were undertaken, the petitioners approached this Court and obtained interim orders. Further, it is stated that without conducting preliminary survey, no proceedings can be taken up under the provisions of the Land Acquisition Act. Even though the requisition department has sent the requisition for the proposed acquisition, so far, no proceedings have been initiated under the Land Acquisition Act. Merely because a preliminary survey is conducted, it cannot be said that the petitioners are deprived of their lands, without following due procedure as contemplated under the Land Acquisition Act. As much as it is pleaded by the learned Government Pleader appearing for respondents that they will follow the procedure contemplated under the Land Acquisition Act before taking possession of the lands belonging to the petitioners, which are required for public purpose, namely, for excavation of Distributory canal as HNSS Project, I deem it appropriate to dispose of the writ petition, directing the respondents not to dispossess or deprive the petitioners of their patta lands as otherwise than due process of law. It is made clear that if the lands of petitioners are required for excavation of canal, this order will not preclude the respondents from notifying such lands under the Land Acquisition Act by paying necessary compensation, and taking further steps in accordance with law. Subject to the aforesaid directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 6th December 2010 ajr