IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.7405 of 2008 Between: 1 Gadham Setty Ananthalakshmi W/o. Venu Gopal R/o. H.No. 40, Briundavan Housing Colony, Kavali Town, Nellore Dist. 2 Chakravadanula Venkata Rathnam Dhaveji S/o. Late Subramanyam Dhaveji Janatha Pet North, Vinayaka Rao Street, Do.No. 9-25-60B, Kavali Town, Nellore District. 3 Alla Aruna W/o. Ramakrishna Reddy 97,Gowtham Enclve, Sector A, AWHO Colony, Secunderabad ..... PETITIONERS AND 1 Superintendent of Engineer ( SE ), Soma Sila Project Nellore. 2 Executive Engineer, SomaSila Prroject Nellore. 3 Assistant of Engineer, Office of the Deputy Executive Engineer-II SomaSila Project Sub-Division Kavali, 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 any order or direction more particularly one in the nature of writ of Mandamus declare in the action of the respondent in digging the canal from the lands in Survey No. 362, 371, 375 and 390 of Jammalapalem Village, Jaladanki Mandal, of the petitioner in work called " I R MINOR OF MUSUNURU MAJOR DISTUBUTIOR CANAL " without issuing any notification under land acquisition act 1894 and without paying compensation is illegal arbitrary mollified and volition of principles of natural justices. Counsel for the Petitioner: MRCH.JANARDHAN REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.7405 of 2008 ORDER: Petitioners are the owners and possessors of certain extents of land in different survey numbers situated at Jammalapalem village of Jaladanki Mandal in Nellore District. They allege that the respondent-authorities, for the purpose of digging a channel, encroached into their land and made markings, and when they questioned, they were informed that their land is required for Somasila Project. Now their grievance is that without initiating land acquisition proceedings and without paying compensation, the respondents are digging channel through their land. Hence, they seek a direction to the respondents not to dig the channel in their land without acquiring their land under the Land Acquisition Act, 1894 (for short “the Act”). Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. The main grievance of the petitioners is that the respondents are proceeding to dig the channel without following the procedure provided under law. It may not be necessary for this Court to go into the aspect as to whether the land of the petitioners is required for a public purpose or not. However, as it is stated that the said action of the respondents is without initiating any proceedings under the Act, I deem it appropriate to direct the respondents not to dispossess the petitioners from their land without following due process of law. Accordingly, the writ petition is allowed, at the stage of admission, directing respondents 1 to 4 not to dispossess the petitioners from their land and not to interfere with the possession and enjoyment of the petitioners, without following due process of law. There shall be no order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 1st May 2008 Sh To 1 Superintendent of Engineer ( SE ), Soma Sila Project Nellore. 2 Executive Engineer, SomaSila Prroject Nellore. 3 Assistant of Engineer, Office of the Deputy Executive Engineer-II SomaSila Project Sub-Division Kavali, Nellore District. 4 Two C.Cs to 5 Two C.D. copies.