THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.1419 of 2008 Date : 22-2-2008 Between: Sri Jampana Sitaramachandra Varma S/o. late Venkata Subba Raju and others .. Petitioners and The Deputy Executive Engineer, Irrigation dept, Samarlakota, East Godavari District and another .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.1419 of 2008 ORDER: 1. Heard the Counsel. 2. This Court ordered Notice before admission on 29-1-2008 and granted status quo for a limited period which had been subsequently extended for further limited period. 3. The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondents in proposing to take possession of the land measuring Acs.9.40 cents in R.S.No.82/1 and 82/2 of Somavaram village, Kirlampudi Mandal, East Godavari District, without following due process of law as illegal, null and void and violative of principles of natural justice under Section 300-A of the Constitution of India and for a consequential order directing the respondents to drop all further proceedings in this regard including taking possession of the land and to pass such other suitable orders. 4. The learned Assistant Government Pleader for Irrigation had placed the proceedings Rc.No.D1/301/EGS/07 dated 13-2-2008 before this Court and the same reads as hereunder:- Proceedings of the District Collector & District Programme Coordinator, East Godavari District Present: Sri M.Subramanyam, I.A.S., Rc.No.D1/301/EGS/07 Dt.13-2-2008 Sub:- DWMA – East Godavari – NREGS – AP – INDIRAMMA CHERUVU – Sanction of Five MI Tanks in Kirlampudi Mandal – Cancellation of one MI Tank in Somavaram Village – Orders – Issued. Read: 1. Letter No.A/25/07 dated NIL of MPDO, Kirlampudi 2. Proceedings No.301/EGS/07 dated 3-1-2008 of the District Collector & DPC, East Godavari District, Kakinada. 3. Petition received from Water Users Association, Kirlampudi Mandal, Somavaram Lift Irrigation Scheme dated NIL 4. Letter No.DB/JT01/66 dated 2-2-2008 from E.E.Y.I. Division, Peddapuram. 5. Rc.No.MPDO/08 dated 11-2-2008 from MPDO, Kirlampudi. 6. Note orders of the District Collector & DPC, East Godavari District, Kakinada dated 13-2-2008. *** ORDER: In the reference 2nd cited, Five MI Tanks works have been sanctioned in Kirlampudi Mandal. Out of five MI Tanks the following one MI Tank in Somavaram Village viz., Voora Cheruvu is not covered under revenue records as per the resolution of President, Yeleru No.4 Water Users Association and the report of the MPDO Kirlampudi. S.No Name of the Gram Panchayat Name of the work I.D.No. Estimated amount in Rs. Technical Sanction 1 Somavaram Repairs to M.I. Tank 040421901001050046 1993004/- 142/- 07-08 2 Somavaram Repairs to M.I. Tank 0404219010010500047 1949957/- 142/- 07-08 5. In the light of the same, no further orders need be passed in this Writ Petition at present. However, liberty is given to the petitioners to agitate their rights, if any, in the light of the subsequent events, if any, if they are so advised. 6. The Writ Petition is accordingly disposed of. No costs. Date : 22-2-2008 _________________ Justice P.S.Narayana AM