IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 4674 of 2008 Between: 1 G. Gopal Rao S/o Ramachandra Rao 17-1-387/25, Laxminagar Colony, Saidabad, Hyderabad. 2 Pittala Laxmaiah S/o Yellaiah 4-55, Raidurg (V). Serilingampally (M), Ranga Reddy District. Both the Petitioners are rep by their GPA Holder Dilawar hussain S/o Mohd Sabir Hussain, aged 35 years Occ: Business, R/o 9-4-131/1/B/12/1, Nadeem Colony, Tolichowki, Hyderabad. ..... PETITIONER(S) AND 1 The District Collector, Ranga Reddy Distrit, Lakdi-Ka-Pool, Hyderabad. 2 The Executive Engineer (city Roads Division), Public Works Department (Roads & Buildings), AC Guards, Hyderabad. 3 Hyderabad Metro Water Supply & Sewerage Board, rep by its Managing Director, Khairathabad, Hyderabad. 4 the General Manager (engg) HMWS & SB, Madhapur Zone, Beside High Tech City, Hyderabad. .....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 issue a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents herein in digging & laying pipe line through the petitioners land to an extent of Ac. 0-17 guntas in Sy. No: 84, situated at Raidurg Pan Maqtha (V), Serilingampally (M) Ranga Reddy district (for the purpose of laying pipe line to bring krishna Waters to Hyderabad City) without initiating land acquisition proceedings either under the land acquisition Act or under any other law as illegal, high handed and violative of Art. 300-A of the Constitution of India and consequently direct the respondents herein to remove the pipe line already laid & Restore the land to the petitioners and also to pay compensation for damaging the land. Counsel for the Petitioner:MR.JITHENDER RAO VEERAMALLA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : Form-NIC-OGS/WP{TRT} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in digging and laying pipeline through the petitioners’ land of an extent of Ac.0.17 guntas in S.No.84 situated in Raidurg Pan Maqtha village without initiating land acquisition proceedings, as arbitrary and illegal. The petitioners assert that they are the absolute owners of an extent of Ac.0.17 guntas of land in S.No.84 situated in Raidurg Pan Maqtha village, Serilingamapally Mandal, Ranga Reddy District. Now, their grievance is that the respondents particularly, the 3rd respondent, without following due process under law is laying pipeline through their land. The learned Government Pleader for Roads and Buildings appearing for the 2nd respondent, has submitted that the 2nd respondent issued a letter dated 1.2.2008 to the following effect: “I have to inform that R&B department has improved the road within the road boundary available and no lands were taken over by R&B Department in the petitioners’ lands in S.No.84, Raidurg Panmukta, Extent Ac.0.17 guntas. The R&B Department has not taken the possession of any land in S.No.84, Raidurg Panmukta. Regarding the digging in their land for laying of pipeline, the R&B Department is no way concerned. This division has accorded permission for laying of pipe line within R&B Road width available at the extreme end of the road boundary.” He has further submitted that based on this letter, the Roads and Buildings Department is not entering into the lands belonging to the petitioners and it is only in the lands belonging to the Roads and Buildings Department the pipeline is being laid by the 3rd and 4th respondents. In the light of the submission made by the learned Government Pleader, it is obvious that the respondents are not laying pipeline through the petitioners’ land and it is on a mere apprehension the petitioners have filed this writ petition. However, it is made clear that if the authorities feel it necessary to lay pipeline through the petitioners’ land or if there is any overlapping, the same may be taken possession of, but it shall be done only after following the procedure prescribed under law. With the above observation, this writ petition is disposed of. No costs. _______________ 07.03.2008 Note: Furnish copy in one week. B/o bcj