IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 20966 of 2007 Between: Chereddy Balreddy, S/o.Somul Reddy, R/o.Bitragunta,Nellore Dist ..... PETITIONER AND 1 The District Collector, Nellore District,Nellore 2 The Revenue Divisional Officer, Kavali, Nellore Dist 3 The Mandal Revenue Officer, Bogolu Mandal, Nellore Dist .....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 will be pleased to to declare the action of the respondents herein in seeking to dig Dagadarthi link Channel through the land of the petitioner herein admeasuring an extent of Ac.10-35 cents situate in Survey No.499/1 and 502 of Bogolu(V) and Mandal, Nellore Dist without following the due process of law either under A.P. Land Acquisition Action or under Land Encroachment Act, illegal, arbitrary and unjust by issuing a writ in the nature of writ of Mandamus or any appropriate writ, order or direction and pass such other order or orders Counsel for the Petitioner:MR.M.V.S.SURESH KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 20966 of 2007 Order: Assailing the action of the respondents in seeking to dig Dagadarthi link channel through the petitioner’s land, admeasuring Ac.10.35 cents, situated in Survey Nos. 499/1 and 502 of Bogolu village and Mandal, Nellore District, without following due process of law and without initiating any proceedings under A.P. Land Encroachment Act, 1905, as illegal and arbitrary, the petitioner filed the present writ petition. This Court, on 05.10.2007, granted status quo orders, which were subsequently extended until further orders. In spite of granting sufficient time, no counter affidavit is filed by the respondents so far. When the matter is taken up today, learned Assistant Government Pleader for Revenue submits that he has no instructions in the matter. He, however, agreed to dispose of the writ petition with a direction to the respondents to follow due process of law in the event they intend to dig a channel through the land of the petitioner. In view of the agreed stand taken by the learned Assistant Government Pleader for Revenue, I deem it appropriate to dispose of the writ petition with the following directions: In the event the respondents intend to dig a channel through the land of the petitioner, they shall do so only after following the due process of law, and until then the respondents shall not interfere into the possession of the petitioner over the land in question. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 03.03.2008 Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}