THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3776 of 2009 Date:28.06.2011 Between: Kesari Narsimhulu and others ..... Petitioners AND The District Collector, Warangal and others .....Respondents Counsel for the Petitioners: Sri T.Sujan Kumar Counsel for Respondent Nos.1 to 4: Assistant Government Pleader for Irrigation and Command Area Development Counsel for Respondent No.5: None appeared The Court made the following: ORDER: At the interlocutory stage, the writ petition itself is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a Mandamus to declare the action of the respondents in seeking to lay canal through patta lands of the petitioners in survey Nos.656, 678, 679, 680, 681, 682, 685, 686, 687, 690, 691, 696, 697, 698, 699, 717, 774, 781, 782, 807, 808, 814, 815, 816, 817, 818, 822, 823, 824, 825, 831 and 833 situated at Veerannapet Village, Cherial Mandal, Warangal District, without initiating any proceedings under the Land Acquisition Act, 1894 as illegal and arbitrary. When the vacate stay application came up for hearing on 20.04.2011, this Court found that there is a discrepancy between paras 3 and 4 of the counter-affidavit filed by respondent No.3 regarding the survey Nos.808 and 833 (in the order dated 20.04.2011, survey number is corrected as 898, which is an obvious mistake). Today, an additional counter-affidavit is filed along with a sketch. In para 6 of the additional counter-affidavit, it is stated that what was stated in para 3 of the original counter-affidavit regarding submergence of land in survey Nos.808 and 833 was incorrect and that in the said counter-affidavit, survey Nos.808 and 833 were wrongly mentioned as coming under submergence. But, quite surprisingly, respondent No.3 further stated in para 6 of the additional counter-affidavit that the feeder channel is being restored and the same is passing through survey Nos.833, 832, 808, 803 and 828 only. The sketch enclosed to the additional counter- affidavit would show that survey Nos.808 and 833 are affected due to channel excavation. Having regard to the clear admission contained in para 6 of the additional counter-affidavit, if feeder channel is being restored and the same is passing through various survey numbers including survey Nos.808 and 833 in which the petitioners are interested, respondent Nos.1 to 3 are directed to cause the exact extents of the land which are coming under submergence measured through survey and initiate land acquisition proceedings in respect of the land which is found to be coming under submergence of the channel in question. They shall complete this exercise within a period of three months from the date of receipt of a copy of this order. Subject to the above observations, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, interim order dated 16.03.2009 in W.P.M.P.No.4921 of 2009 is vacated and W.P.M.P.No.4921 of 2009 and W.V.M.P.No.4477 of 2009 are disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 28th June, 2011 GHN