IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF FEBRUARY, TWO THOUSAND AND EIGHT. THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6087 of 2002 Between: D.A.Papanna Gupta and another. … Petitioners AND The Cuddapah Municipality, reptd., by its Commissioner, Cuddapah, Cuddapah District. …. Respondent. Counsel for the petitioners: Sri L.J.Veera Reddy Counsel for the respondents: Sri S.I.Newton. THE HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6087 of 2002 ORDER:- This Writ Petition is filed for a Writ of Mandamus to declare the action of the respondents in constructing a drainage canal on the patta land of the petitioners comprised in Survey Nos.47/1 and 47/2 of Cuddapah town without acquiring the same as arbitrary and contrary to the provisions of Article 300-A of the Constitution of India. Heard Sri L.J.Veera Reddy, learned counsel for the petitioners and Sri S.I.Newton, learned Standing Counsel for Cuddapah Municipality, respondent herein. Learned counsel for the petitioners submitted that the land on which the respondent constructed drainage exclusively belongs to the petitioners. He invited my attention to the judgment and decree dated 5-10-1996 passed by the III Additional District Munsif, Cuddapah, in O.S.No.217 of 1992, which was filed by the petitioners against the State, represented by District Collector, Cuddapah and his subordinates, for mandatory injunction to remove the constructions and other encroachments over the said land. He, therefore, submitted that the petitioners’ right over the said land has been recognized by a competent Court of law and the respondent is, therefore, not justified in constructing a drainage-nala over the said land without acquiring the same under the provisions of the Land Acquisition Act, 1894( for short “the Act”). In the counter-affidavit filed by the Municipal Commissioner it is averred that the Municipality constructed a pucca drain in the place of a katcha drain, which was in existence for a long time in order to provide a good and healthy environment, as per the provisions of Section 153 of the A.P. Municipalities Act, 1965. The respondent has not adverted to the judgment and decree of the learned III Additional District Munsif, Cuddapah. The fact, however, remains that the respondent is not a party to the said suit and the petitioners have not got their title declared in the said suit. Therefore, the petitioners cannot succeed merely on the ground that they persuaded the competent civil Court to grant a decree for mandatory injunction against the State, represented by District Collector, Cuddapah and his subordinates; more so, for the reason that the respondent is not a party to the said suit. The question whether the petitioners hold a valid and legal title or not is required to be decided before holding that they are entitled to payment of compensation under the provisions of the Act. As this Court cannot go into the issue of title, which requires appreciation of evidence, the Writ Petition is disposed of in the following terms: 1) within four weeks from today, the petitioners shall make a representation to the respondent, wherein they shall trace their title to the subject property; 2) on receipt of the representation, the concerned authority of the respondent-Municipal Corporation shall consider the representation of the petitioners, after giving an opportunity of personal hearing to the petitioners; 3) if the respondent is satisfied, on the basis of the documents filed by the petitioners, that the land belongs to them, it shall take necessary steps to pay compensation to the petitioners under the provisions of the Act or as mutually agreed between the parties; 4) the respondents shall complete this exercise within a period of eight weeks from the date of receipt of a copy of the representation from the petitioners; and 5) if the respondent, after examining the issue, comes to a conclusion that the petitioners are not the owners of the land in question, they shall pass an order to that effect and, in that event, the petitioners shall be free to approach the competent civil Court for getting their title declared. Subject to the above directions, the Writ Petition is disposed of. C.V.NAGARJUNA REDDY,J 06-2-2008 Note: Issue CC in two weeks (BO) MNR