IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 2190 of 2001 Between: M/s.Sri Sai Agro Industries Rep.by its Prop.V.Atchutakumari Bhimavaram, Samalkota, E.G.Dist. ..... PETITIONER AND 1 The District Industries Centre Rep.by its General Manager Kakinada, E.G.Dist. 2 A.P.Industrial Infracture Corporation Rep.by its Special Duty Collector (LA) Kakinada, E.G.Dist. .....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 more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in interfering with the possession of the petitioners property in S.No.311 and 312/2 of Bhimavaram (V) Samalkota Mandal, E.G.Dist. by way of laying water pipe line through the above land as arbitrary, illegal and violative of Art. 300.A of the Constitution of India and consequently direct the 2nd respondent to drop all further proposals in this regard and pass Counsel for the Petitioner:MR.V.V.N.NARAYANA RAO Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE The Court made the following : ORDER: The case of the petitioner is that she is the owner of the land in Sy.Nos.311 and 312/2 of Bhimavaram village, Samalkota mandal, East Godavari District with an extent of Ac.19.72 cents and Ac.0.22 cents respectively and she wanted to start a small scale industry in the said land and accordingly, she made an application to the first respondent for grant of registration. Meanwhile, the second respondent acquired the land of an extent of Ac.338.53 cents of Bhimavaram, Jaggammagaripeta and Peddapuram village in East Godavari District including the land of the petitioner. Then, the petitioner made an application to the second respondent for exemption of Ac.19.72 cents in Sy.No.311 and Ac.0.22 cents in Sy.No.312/2 and instead of acquiring the land, the land of the petitioner is sought to be allotted to the third party. Therefore, the petitioner seeks to issue a writ of mandamus declaring the action of the second respondent in interfering with the possession of the petitioners’ property in Sy.Nos.311 and 312/2 of Bhimavaram village, Samalkota mandal, East Godavari District by way of laying water pipe line through the said land. A counter has been filed by the second respondent stating that the request of the petitioner for deletion of the land in Sy.No.311 of an extent of Ac.19.72 cents from the proposed acquisition of lands for utilizing the same for industrial purpose, has been examined and considered favourably in favour of the petitioner and the acquisition proposal of the said land of Ac.19.72 cents was dropped. It is stated that the land of the petitioner was not at all allotted in favour of anybody. In view of the counter filed by the second respondent, the writ petition is disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioner’s land in Sy.Nos.311 and 312/2 of Bhimavaram village, Samalkota mandal, East Godavari District otherwise except in accordance with due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:11.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KMR}