IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8201 of 2008 Between: 1 M. S. Munikrishna S/o. M. B. Srinivasulu Reddy R/o.D.No.8-51, Old Shar Bus Stand Road, Sullurpet, Nellore District. 2 Muppala Chandra Sekhar Reddy S/o. Rama Raghava Reddy R/o. Yekollu Village, Doravari Satram Mandal, Nellore District. 3 Kalatthuru Kiran Kumar Reddy S/o. Subba Reddy R/o.D.No.8-51, Old Shar Bus Stand Road, Sullurpet, Nellore District. ..... PETITIONERS AND 1 The Special Collector, Telugu Ganga Project, Land Acquisition, Near A.P. Police Officer's Association Building, Nelagiri Sangam, Nellore District. 2 The Executive Engineer, Telugu Ganga Project, Gudur, Nellore District. 3 The Deputy Executive Engineer, Telugu Ganga Project, Gudur, Nellore 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 may be pleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring action of the respondents in contemplating to dig 15 L major distributory channel under V branch canal of Telugu Ganga Project over the lands of the petitioners comprised in Sy. Nos.411, 412 and 413 of Chillakuru Village and Mandal, Nellore District without acquiring the said lands under the Land acquisition Act or following the due process of law is illegal, arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India. Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondent No.1 GP FOR LAND ACQUISITION Counsel for the Respondent Nos.2 and 3: GP for Irrigation The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8201 of 2008 ORDER: Petitioners are the absolute owners of the land in Sy.Nos.411, 412 and 413 of Chillakuru village in Nellore District. They state that the respondent-authorities, without initiating any proceedings under the Land Acquisition Act, 1894 (for short “the Act”) are contemplating to dig 15 L major distributory channel under V branch canal of Telugu Ganga Project over the lands of the petitioners. Hence, they filed the instant writ petition seeking to declare the said action of the respondents as arbitrary and illegal. Having heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition and the learned Assistant Government Pleader for Irrigation, this Court is satisfied that the authorities cannot dig the channel without recourse to law. If the land of the petitioners is required for digging the said channel, they are at liberty to do so, but the same shall be after acquiring the land under the provisions of the Act. For the foregoing reasons, the writ petition is disposed of, at the stage of admission, directing the respondents to initiate proceedings under the Act for acquisition of the land of the petitioners in Sy.Nos.411, 412 and 413 of Chillakuru village in Nellore District. Till then the petitioners shall not be dispossessed from the said lands. There shall be no order as to costs. __________ 16.04.2008 Note: Communicate the operative portion of the order by wire at party’s cost. (B/o) sh