HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.25663 of 2009 Date : 15-3-2011 Between : M/s.B.M.M. Cements Limited, A company incorporated under the Companies Act, represented by its Authorised Signatory Mr.Prashant Rajaram Hegde .. Petitioner And The A.P. Irrigation Development Corporation Limited, represented by its Vice-Chairman & Managing Director, Hyderabad and others .. Respondents Counsel for petitioner : Sri Ganduri Nageswara Rao Counsel for respondents : Advocate General for Sri S.Harinath Reddy The Court made the following : ORDER: At the Interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. I have heard Sri Ganduri Nageswara Rao, learned counsel for the petitioner and the learned Advocate General appearing for Sri S.Harinath Reddy, counsel for the respondents. This Writ Petition is filed for a mandamus to declare the action of the respondents in trying to lay pipe line over and dispossess the petitioner from the lands admeasuring Ac.17-38 guntas in S.No.106, Ac.10-15 guntas in S.No.106/1 and Ac.15-30 guntas in S.No.106/4 of Vajanepalli village, Mellacheruvu Mandal, Nalgonda District, without following the due process of law as illegal and arbitrary. In the counter affidavit filed by respondent No.2, who is the Executive Engineer of respondent No.1, it is inter alia stated that the Dondapadu Lift Irrigation Scheme (for short “the Scheme”) was envisaged for supply of water from Nagarjuna Sagar Project for irrigating the farmers’ lands of an extent of Ac.4600-00. The Scheme was grounded during July 2008 and a sum of Rs.11.50 crores was already invested on the Scheme. In paragraph-12 of the counter affidavit it is stated that the Scheme was proposed through the ceiling lands of ryots other than the petitioner’s in S.No.106 of Vajenepalli village and that the pipe line is not being laid through the lands of the petitioner. Sri Ganduri Nageswara Rao, learned counsel for the petitioner stated that the petitioner is satisfied with the above mentioned statement contained in the counter affidavit and that his client may be given liberty to avail appropriate remedy if and when any pipe line is sought to be laid in future over his land. Having regard to the above submission of the learned counsel for the petitioner, the Writ Petition is disposed of with liberty in terms of the prayer made. ____________________ C.V.Nagarjuna Reddy.,J Date : 15-3-2011 AM