IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 8934 of 2003 Between: Matturi Lakshmi Narayana S/o Subbaiah R/o Choutapalli VIllage, Veerulapadu Mandal, Krishna District. ..... PETITIONER AND 1 The Superintendent Engineer, Irrigation Department, Vijayawada, Krishna District. 2 The Assistant Engineer, Minor Irrigation Department, Kanchikacherla, Krishna District. 3 The District Collector, Krishna District, Vijayawada. 4 Kondaveeti Nageswara Rao, S/o Seshagiri Rao, Choutapalli, Veerulapadu Mandal, Krishna District. 5 Gurija Ajay Kumar S/o Nageswara Rao, Choutapalli, Veerulapadu Mandal, Krishna District. 6 Maddineni Rama Krishna, S/o Uma Maheswara Rao, Choutapalli, Veerulapadu Mandal, Krishna District. 7 Ginjupalli Nagaiah S/o Badraiah Choutapalli, Veerulapadu Mandal, Krishna District. 8 Maddineni Ram,arao, S/o Venkatadri Choutapalli, Veerulapadu Mandal, Krishna District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction moreparticularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in proposing to excavate tank and an irrigation channel through may land of Ac.1-10 cents covered by Sy.No. 305 of Konatalapalli revenue village, Veerulapadu Mandal, Krishna District instead of the land belongs to 4th respondent as per original tank plan and drawing markings for that purpose is illegal, irregular, arbitrary and violative of Articles 14, 19, 21 and 300-A of the constitution of India consequently direct the respondents not to excavate any tank or irrigation channel through my land Counsel for the Petitioner :MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : ORDER: The petitioner seeks a writ of mandamus declaring the action of the respondents in proposing to excavate tank and an irrigation channel through his land of Ac.1-10 cents covered by Sy.No. 305 situated at Konatalapalli revenue village, Veerulapadu Mandal, Krishna District instead of the land belongs to the 4th respondent as per original tank plan and drawing markings for that purpose, as illegal, and arbitrary and consequently to direct the respondents not to excavate any tank or irrigation channel through his land. It is the case of the petitioner that he owns an extent of land of Ac.1.10 cents covered by Sy.No.305 situated at Konatalapalli revenue village, Veerulapadu Mandal, Krishna District and the respondents 4 to 8 are having lands about Ac.20.00 cents each and without proposing to excavate tank and an irrigation channel in the land of the 4th respondent, the respondents 1 and 2 are proposing the formation of the tank. A counter has been filed stating that out of the petitioner’s land in Sy.No.305, only an extent of Ac.0.10 cents is required for formation of a bank to the tank bund and accordingly the land acquisition proposals have been submitted to acquire the said land while commencing the work in other places and the land of the petitioner has not been acquired so far as the land acquisition proceedings are pending. Having regard to the facts of the case, the writ petition is disposed of directing the respondents 1 to 3 not to interfere with the peaceful possession and enjoyment of the land of the petitioner unless the said land is acquired by following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:05.03.2008 CCM To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSKM}