IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO: 8926 of 1998 Between: 1 Mogulaji S/o Sayanna Mogili Village, Tanoor Mandal, Adilabad Dist. 2 Peeraji S/o Narsappa Mogili Village, Tanoor Mandal, Adilabad Dist. 3 Madhav Rao S/o Lakshman Mogili Village, Tanoor Mandal, Adilabad Dist. 4 Lakshman S/o Mogulaji Mogili Village, Tanoor Mandal, Adilabad Dist. 5 Lalu S/o Mogulaji Mogili Village, Tanoor Mandal, Adilabad Dist. 6 Mohan S/o Mogulaji Mogili Village, Tanoor Mandal, Adilabad Dist. 7 Lakshman S/o Laxmanna Mogili Village, Tanoor Mandal, Adilabad Dist. 8 Ramulu S/o Laxmanna Mogili Village, Tanoor Mandal, Adilabad Dist. 9 Balaji S/o Pothanna Mogili Village, Tanoor Mandal, Adilabad Dist. 10 Mallappa S/o Hanumanthu Mogili Village, Tanoor Mandal, Adilabad Dist. ... PETITIONERS AND 1 The Chief Engineer, Sri Ram Sagar Project, Exhibition Grounds, Nampally, Hyd. 2 Superintendent Engineer, Irragation & IB Division, Nirmal, Adilabad Dist. 3 Executive Engineer, IB Division, Nirmal, Adilabad Dist. 4 Dy Executive Engineer, Irragation Silt Arresting Tank, Mudhole, Adilabad Dist. ...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 appropriate writ order or direction more particularly in the nature of writ of mandamus declaring the action of the respondents in seeking to construct silt arresting tank in Mogli Village, Tanoor Mandal, Adilabad Dist without acquiring the lands of the petitioners as illegal, arbitrary & violative of Art 14, 19(1) (g) & 300A of the Constitution of India & further direct the respondents not to proceed with the work of silt arresting tank without acquiring the lands of the petitioners. Counsel for the Petitioners: MR.V.RAVINDER RAO Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following: ORDER: This writ petition is filed seeking Mandamus declaring the action of the respondents in seeking to construct silt arresting tank in Mogli Village, Tandoor Mandal, Adilabad District, without acquiring the lands of the petitioners, as illegal and arbitrary. 2. Petitioners, small and marginal farmers, claiming to be the owners of land admeasuring Ac.50.06 guntas in Mogli Village, Tandoor Mandal, Adilabad District, state that they are irrigating the said lands with the help of six wells connected with elec tric motors. The main grievance of the petitioners is that with a view to prevent the Sriramsagar Project water from silting, respondents proposed to construct silt- arresting tanks in various villages adjacent to the project reservoirs. It is stated that one such tank is sought to be constructed in Mogli Village, for which purpose, respondents have surveyed the petitioners’ lands and informed them that their lands would be acquired for the said purpose. It is alleged that when respondents called for tenders by a tender notification dated 15-12-1997, petitioners, submitted representation dated 30-01-1998 to the respondents putting forth their grievance, but it is alleged that no orders whatsoever had been passed on the said representation. 3. It is submitted by the learned counsel for the petitioners that in identical Writ Petitions, as that of this Writ Petition, were disposed of by this Court in W.P.No.9305 of 2003 and batch dated 09-12-2003, directing the respondents that the possession of the lands of the petitioners shall be taken for the purpose of construction of silt arresting tanks only after publication of notification under the Land Acquisition Act and payment of tentative compensation under Section 17 (5) of the Act or the entire compensation under Section 16, as the case may be. 4. Recording the above submission and following the ratio in the above judgment, this Writ Petition is also disposed of. Office is directed to annex a copy of the judgment in W.P.No. 9305 of 2003, and batch, dated 09-12-2003, to this order. 5. Till such compensation is paid, respondents are directed not to proceed with the construction of the said tanks. The writ petition is accordingly disposed of. No costs. ________________ N.V. RAMANA, J February 23, 2005 MRR Copy to: 1 The Chief Engineer, Sri Ram Sagar Project, Exhibition Grounds, Nampally, Hyd. 2 Superintendent Engineer, Irrigation & IB Division, Nirmal, Adilabad Dist. 3 Executive Engineer, IB Division, Nirmal, Adilabad Dist. 4 Dy Executive Engineer, Irragation Silt Arresting Tank, Mudhole, Adilabad Dist. 5 Two C.C.s to the GP FOR IRRIGATION & COMM AREA DEV, High Court Buildings, Hyderabad (OUT) 6 Two C.D. Copies.