IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.22660 of 2008 Between: 1 Sri Rokkam Nookaiah S/o.Sanyasi R/o.Rajakauntra village Bhamini Mandal, Srikakulam District 2 Smt.M.Savithramma W/o.Jaggarao R/o.Rajakauntra village Bhamini Mandal, Srikakulam District ..... PETITIONERS AND 1 The Executive Engineer,I&CAD Special Investigation Division, Srikakulam,Srikakulam District 2 The District Collector, Srikakulam, Srikakulam District 3 The Tahasildar, Bhamini Mandal, Srikakulam District .....RESPONDENTS 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 issue writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent in earmarking the lands of the 1st petitioner in survey numbers 392/2 to 3 393/3,393/7,393/8,254/1,254/3,255/2 to an extent of Ac.2.35 cents at Rajakuntri village, and the lands of the 2nd petitioner to an extent of Ac.1.21 cents in survey numbers 388/5,388/7 392/1 at Baleru village, Bhamini Mandal, Srikakulam District for constructing Vamsadhara Flood Bank without issiung notice are following due process of law as illegal, arbitrary, untenable violative of Article,14,21 and 300A of the Constitution of India and consequently direct the respondents not to acquire the lands of the petitioners in survey Numbers 392/2 to 3 393/3 393/7,393/8,254/1,254/3,255/2 to an extent of Ac.2.34 cents at Rajakuntri village and the lands of the 2nd petitioner to an extent of Ac.1.21 cents inSurvey numbers 388/5,288/7,392/1 at Baleru village, Bhamini Mandal, Srikakulam District and pass such other order or orders as this Hon’ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioners: SRI G.TUHIN KUMAR Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.22660 of 2008 ORDER: The petitioners are allegedly owners of agricultural lands in diﬀerent survey numbers situated at Rajakuntri and Baleru Villages of Bhamini Mandal in Srikakulam District. The land was, statedly, marked by the respondents with a view to take the land for Vamsadhara Flood Bank Canal. Apprehending that the same might be taken forcibly without due process of law under the Land Acquisition Act, 1894, they filed the instant writ petition. After hearing the learned Counsel for the petitioners and the learned Assistant Government Pleader for Irrigation and Command Area Development, this Court is convinced that the writ petition is misconceived. It is well settled that a writ of mandamus cannot be issued to State not to exercise or use their power of eminent domain to acquire the land for public purpose. However, this Court observes that unless and until the land of the petitioners is acquired under the Land Acquisition Act, they cannot be dispossessed forcibly. The Writ Petition, with the above observation, is dismissed. No costs. ____________ (V.V.S.RAO, J) 17.10.2008 vs To 1 The Executive Engineer,I&CAD Special Investigation Division, Srikakulam,Srikakulam District 2 The District Collector, Srikakulam, Srikakulam District 3 The Tahasildar, Bhamini Mandal, Srikakulam District 1.2CCs to 4 2CCs copies G.P for Irrigation and CAD, High Court of A.P., Hyderabad. 5 2 CD copies. Form-NIC-OGS/WP{TRK}