IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12105 of 2008 Between: 1 B. Tatamma S/o. Nookanna R/o. S. Annavaram, Tuni Mandal, E.G.District. 2 V. Nageswara Rao s/o. Bullabbai R/o. S. Annavaram, Tuni Mandal, E.G.District. 3 N. Tata Rao s/o. Late Satyam R/o. S. Annavaram, Tuni Mandal, E.G.District. 4 G. Raja S/o. Narayana Rao R/o. S. Annavaram, Tuni Mandal, E.G.District. 5 V. Nookalamma @ Sekhar, S/o. Tatamma @ Abbai R/o. S. Annavaram, Tuni Mandal, E.G.District. 6 Karri Joga Rao S/o. Venkataramana R/o. S. Annavaram, Tuni Mandal, E.G.District. 7 P. Venkata Raju S/o. surya Rao R/o. Sankavaram Village and Mandal, E.G.District. ..... PETITIONER(S) AND 1 Govt. of A.P. rep. by its Prl. Secreatary, Major Irrigation Departmen, secretariat Buildings, Hyderabad 2 The District Collector, E.G.district, Kakinada. 3 The Revenue Divisional Officer, Peddapuram, E.G.district. 4 The Superintendent Engineer, Irrigation Department, Indirama Sagar Left Main Canal, Near Sri Rama Theatre, Tuni, E.G.District. 5 The Spl. Dy. Collector/ Land Acquisition Officer, Pushkara Lift Irrigation, Rajahmundry, E.G.district. .....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 may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in surveying the petitioners lands in property an extent of Ac.5-80 cents in S.No.310 and 317, an extent of Ac.2-43 cents S.no.170/2 and 170/3, an extent of Ac. 5-60 cents in S.No.110/1, an extent of land Ac. 3-00 in S.No.330 an extent of Ac. 3-40 cents in S.No.122/13 and 171 an extent of Ac.0.86 cents in s.No.336/2 and the an extent of Ac.0.86 in s.No.336/2 as S.Annavaram Village, Tuni, E.G.District, and planted stones for extension of Sri Thota Venkatachalam Pushkara Lift Irrigation Channel and without any notice and without following the procedure as contemplated under law as illegal, arbitrary and violative of Art. 300A of the Constitution of India and consequently direct the respondents to follwo the procedure as contemplated under law if the petitioners lands are required for the purpose of Sri Thota Venkatachalam Pushkara Lift Irrigation channel. Counsel for the Petitioner:MR.V.V.N.NARAYANA RAO Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12105 of 2008 ORDER: It is the case of the petitioners that they are owners of small extents of lands in various survey numbers situated at S.Annavaram Village, Tuni Mandal, East Godavari District, and the said lands are not assigned lands or Government lands but they are patta lands. While so, the Government of Andhra Pradesh started Lift Irrigation under the name and style “Sri Thota Venkatachalam Pushkara Lift Irrigation”, which is started from Jaggampet of East Godavari District and sought to be ended at Komati Cheruvu of S.Annavaram Village, Tuni Mandal and that the same was extended upto Visakapatnam District and as such, the lands of the petitioners as well as other villagers of S.Annavaram are sought to be affected for excavation of channel. It is stated that the said Lift Irrigation channel is no doubt for public purpose but the petitioners and other similarly situated persons cannot be deprived of their properties without acquiring their lands by paying appropriate compensation. If they are assigned lands, they are entitled for compensation under the relevant G.Os., and if they are patta lands, they are entitled for compensation under the Land Acquisition Act, 1894. The only grievance of the petitioners is that without following due process of law, they are being dispossessed from the lands in question. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the respondents not to dispossess the petitioners from the lands in question without following due process of law. There shall be no order as to costs. __________ 12-06-2008 Note: Issue C.C. in three days (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}