IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9790 of 2008 Between: 1 M. Ramanjaneyulu, S/o. Ramaiah, R/o. Dharmavaram Village and Mandal, Ananthapur District. 2 M. lakshmi Narasamm, W/o. Ramanjaenyulu, R/o. Dharmavaram Village and Mandal, Ananthapur District. 3 A. Adinarayana, S/o. Pothulaiah, R/o. Dharmavaram Village and Mandal, Ananthapur District. 4 G. Sivaiah, S/o. Narayanappa, R/o. Dharmavaram Village and Mandal, Ananthapur District. 5 G. Veeranarappa, S/o. Narappa, R/o. Dharmavaram Village and Mandal, Ananthapur District. 6 G. Naganna, S/o. Kondappa, R/o. Dharmavaram Village and Mandal, Ananthapur District. 7 Bandi Nagaraju, S/o. Kondappa, R/o. Dharmavaram Village and Mandal, Ananthapur District. 8 B. Kondamma, W/o. Nagaraju, R/o. Dharmavaram Village and Mandal, Ananthapur District. 9 B. Vujjanna, S/o. Narappa, R/o. Dharmavaram Village and Mandal, Ananthapur District. 10 K. Ramanujamma, W/o. K. Naganna, R/o. Dharmavaram Village and Mandal, Ananthapur District. ..... PETITIONERS AND 1 The District Collector, Anantapur District, at Anantapur. 2 The Revenue Divisional Officer, Dharmavaram, Anantapur District. 3 The Assistant Engineer, Irrigation H.L., Canal, HLC Colony, Anantapur, Anantapur 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 declaring the action of the respondent s in seeking to acquire the lands for digging of canal in Sy.No. 317 to 597 of Regatipalli Village, Dharmavaram Mandal, Ananthapur District without following the procedure established under Land Acquisition Act is illegal arbitrary and contrary to Article 14, 21 and 300A of the constitution of India and consequently direct the respondents to dig the diversion canal through petitioner's lands in Sy.No. 317 to 597 of Regatipalli Village, Dharmavaram Mandal, Ananthapur District without following due process of law in the interest of justice Counsel for the Petitioner:MR.K.SRINIVAS Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : HONOURABLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No:9790 of 2008 ORDER: The petitioners claim to be the owners of the land in S.No:317 to 597 situated at Regatipalli village, Dharmavaram mandal, Ananthapur District. Their grievance is that the respondents are trying to dig canals across their land without acquiring the same. Heard the learned counsel for the petitioners and the learned G.P. for Irrigation. It is asserted that the petitioners are absolute owners of the various extents of land in S.No.317 to 597 situated at Regatipalli village, Dharmavaram Mandal, Ananthapur District. Even if the lands are needed for any public purpose, they have to be acquired by the competent authority in accordance with law. Another eventuality is where no owner gives consent, no piece of land can be taken forcibly. Hence, the writ petition is disposed of directing that the respondents shall not dig canals or undertake any other work except with the consent of the petitioners or by following the procedure prescribed by law. ______________________ Justice L.Narasimha Reddy Date: 21st May, 2008 gurc. HONOURABLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No:9790 of 2008 21st May, 2008