THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NO. 5184 of 2006 DATED: 17-03-2006 Between: M. Apparao and others …Petitioners and The District Collector, Nizamabad and others … Respondents THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NO. 5184 of 2006 ORDER: Seeking to declare the action of the respondents in trying to dispossess the petitioners from their respective houses bearing Nos.4-59/10/02, 4-59/11, 4- 59/9, 4-59/3, 4-59/5, 4-59/6 and 4-59/7 situated at Satyanarayanapuram village, Varni Mandal, Nizamabad District pending disposal of their representation dated 14-11-2005 before the 1st respondent as illegal and arbitrary, petitioners filed the present writ petition. Heard the learned counsel for the petitioners and the learned standing counsel for the respondents and perused the material on record. Learned counsel for the petitioners submitted that the petitioners have constructed houses bearing Nos. 4-59/10/02, 4-59/11, 4-59/9, 4-59/3, 4-59/5, 4- 59/6 and 4-59/7 situated at Satyanarayanapuram village, Varni Mandal, Nizamabad District about 30 years ago and the Gram Panchayat allotted house numbers also. In the year 1986 all the houses of the petitioners were burnt in a fire accident and the Government also given compensation to them and thereafter they raised thatched huts in their respective house sites. It is also stated that the houses of the petitioners are at a distance of 10 kms from the canal. It is stated that on 11-11-2005, the Deputy Executive Engineer, I & CADD, IB Sub Division, Bodhan, Nizamabad district issued notice vide letter No.557, informing the petitioners to vacate the premises within four days as they illegally raised huts and tin sheds at the opposite sides of the canal at Mile stone No.35/2, forlong distributor No.31/1, opposite to Bus stand under sub canal of main canal Nizam Sagar Project and Varne Satyanarayana puram Village junction under canal 31 of the jurisdiction of Water Works Department. It is stated that the fourth respondent directed the petitioners to vacate their houses as the said canal is situated at the emergency boundary and the same has been causing obstruction for getting repair works. No explanation has been filed by the petitioners against the said notice before the concerned executive authorities. But it is stated that the petitioners have filed a representation before the District Collector on 14-11-2005 requesting him to stop the illegal operation of removing the structures from the said places as they are residing there for more than 30 years. If the said lands have been acquired and transferred in favour of the Irrigation Department, it is for that department to protect the said lands and maintain the repairs of the sub-canals, canals etc., and it is not the case of the petitioners that the said land does not belong to the Irrigation Department. If that being so, the question of considering and disposing of the representation of the petitioners by the Collector does not arise. There is no material whatsoever to show that they have acquired adverse possession also. Having regard to the facts and circumstances of the case, I am not inclined to grant any relief against the proposed action of the 4th respondent and the writ petition is devoid of merits and is liable to be dismissed. Writ petition is accordingly dismissed. No costs. __________________ V. ESWARAIAH, J. Dated: 17-03-2006 rns