THE HON’BLE SRI JUSTICE C.V. RAMULU Thursday, 29th June, 2006 W.P.No.22357 of 2005 Between: Sathi Venkat Reddy … Petitioner and Sub-Collector-cum-Land Acquisition Officer, Chagalnadu Lift Irrigation Scheme, Rajahmundry, E.G.District and 3 others … Respondents THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.22357 of 2005 ORAL ORDER: This Writ Petition is filed seeking a Mandamus declaring the action of the respondents in trying to take possession of the land of the petitioner ad measuring Ac.7.52 cts in Sy.No.148 of Mukhinada village, Anaparthi Mandal of East Godavari District without initiating proceedings nor conducting any enquiry, as arbitrary and illegal and consequently to direct the respondent to drop all further proceedings by conducting impartial enquiry in respect of digging of canal from Sy.Nos.150 to 108. It seems, the petitioner is the owner of the land of an extent of Ac.6.06 cts of land in Sy.No.148, Mukhinada village. Government of Andhra Pradesh sanctioned permission for Fireclay Mining in the said land as per G.O.Ms.No.64, dated 6-2-2002 to the petitioner. For obtaining the said permission, the petitioner had spent lot of money and time. He has now commenced mining operations and in fact, it would earn lot of income by way of royalty to the Government, apart from providing employment throughout the year for 32 to 40 people. When the petitioner came to know that 19L canal crosses through his land, he made a representation to the authorities concerned on 10-2- 2004 requesting them not to dig canal through his land or at least the canal may be dug at the edge of his lands, so that it will not cause inconvenience in carrying out mining operations as permitted by the Government; otherwise, if the canal is dug as proposed, the land on the other side of the canal will become useless and even in the rest of the land, it may be difficult for him to carry out the mining operations. The said representation is still pending. However, the filing of the said representation is disputed by the respondents. But, a copy of the representation is filed along with the Writ Petition, which is served on the learned Government Pleader and the same may be taken up for consideration by the 2nd respondent. Having heard both sides and having regard to the facts and circumstances of the case, without expressing any opinion on merits, respondent No.2 is directed to consider the representation purported to have been filed by the petitioner on 10-2-2004 after giving opportunity of hearing to him and pass appropriate orders, as per law, and communicate the same to the petitioner within a period of two months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. 29-6-2006 prk