IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 4383 of 2008 Between: J. Atchutarama Chandra Mouli, S/o. J. Bhasker Ramiah, Vaddiparru Village, Atreyapuram Mandal, East Godavari District. ..... PETITIONER AND 1 The District Collector, East Godavari District, at Kakinada. 2 The Revenue Divisional Officer, Amalapuram, East Godavari District. 3 The Tahasildar, Atreyapuram Mandal, East Godavari 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 any appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with the possession of the dry agricultural land of an extent of Ac. 1-48 cents in R.S. No. 145/4A and 6A belonging to the petitioner situated in R.S. No. 145/4A and 6A belonging to the petitioner situated in Vaddiparru Village, Atreyapuram Mandal, East Godavari District as illegal and void and consequently restrain them from interfering with the said land without due process of law. Counsel for the Petitioner: Mr.A.RAMALINGESWARA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Revenue appearing for the respondents. 2. It is the case of the petitioner that he has got an extent of Ac.0.81 cents of dry land in R.S.No.145-4A and Ac.0.67 cents of dry land in R.S.No.145-6A situated at Vaddiparru village, Atreyapuram mandal, East Godavari District, and pattadar pass book was also issued in his favour and there is no dispute with regard to right, title, and possession of the said land. It is stated that the said land is abutting the Godavari river bund going from Bobbarlanka to Ravulapalem and there is a proposal to strengthen the bund and in that connection the respondents have made a survey. According to the survey nearly Ac.0.30 cents of land is going to be affected. 3. Learned Government Pleader submits that an extent of Ac.0.81 cents + Ac.0.62 cents i.e., total Ac.1.48 cents in Sy.No.145- 4A and 145-6A is the land of the petitioner and there is no dispute with regard to the same and as the government decided to widen and raise the flood banks of river Godavari the Executive Engineer, Godavari Head Works has sent a requisition for acquisition of the land and in that regard only survey has been made and no Land Acquisition proceedings have been initiated so far. He further submits that without acquiring the land the peaceful possession and enjoyment of the petitioner will not be interfered with. 4. Admittedly, the purpose for which the said land is sought to be acquired is a public purpose. If that be so, if any portion of the land is required unless the land Acquisition proceedings have been initiated in accordance with law, petitioner cannot be dispossessed. 5. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 29th February, 2008 Tsy To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}