THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO.23039 of 2005 DATED:26.10.2005 Between: D. Appaiah …Petitioner And The Executive Engineer, Irrigation Department, Palvancha Division Khammam District, and another …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO.23039 OF 2005 ORDER: The petitioner is allegedly owner of agricultural land admeasuring Acs.3.00 in S.No.185/6/E of Maddulapally Village, Kamepally Mandal, Khammam District. He alleged that second respondent employed contractors M/s.Katrala Rambabu, Sama Mohan Reddy, Sunkari Damodhar Reddy, Bhanothu Halisingh, Rasala Hanumanthu to excavate mud and soil from the petitioner’s land over an extent of Acs.1.00 and the soil was taken away rendering the land useless for cultivation. The petitioner therefore seeks a declaration that such action is illegal and also claims compensation in a sum of Rs.60,000/- for the loss. In the affidavit accompanying the Writ Petition, the petitioner did not give the period during which the second respondent and other contractors took away the mud and soil. Be that as it is, if the petitioner’s land is being damaged by removing the surface and soil rendering the land useless, nothing prevented the petitioner to approach this Court or other Court immediately. After soil is removed and when the petitioner found the land unfit for cultivation, he filed the Writ Petition. For this reason, the Writ Petition cannot be entertained. If so advised, the petitioner may file civil suit claiming compensation from respondent No.1 and other contractors who removed/excavated soil from petitioner’s land admeasuring Acs.1.00 in S.No.185/6/E of Maddulapally Village. The Writ Petition is accordingly dismissed. _______________ (V.V.S.RAO, J) 26.10.2005 bnr