IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 16591 of 2008 Between: 1 Gadgoni Vajramma, W/o. Late Anandam Goud, R/o. H.No.3-2-68, Boigalli,Siddipet, Medak District. 2 V.Balakrishna, S/o. Venkatesham, Rep by his Smt. G.Sharada, W/o. Sudhakar,R/o. H.No.4-3-28, Patelpura, Siddipet, Medak District. 3 Reddy Madhav Reddy, S/o. Bal Reddy, R/o. H.No.8-2-161, Shivaji Nagar, Siddipet, Medak District. 4 Erra Bhomaiah, S/o. Mallaiah, R/o. H.No.4-1-39, Boigally, Siddipet, Medak District. 5 Narayan Rao Pet Rajiah, S/o. Pochaiah, R/o. H.No.5-4-43, Dhobigally, Siddipet, Medak District. 6 Bojja Yellavva, W/o. Rajaiah, H.No.2-78, Main Road, Duddeda POst, Kondapaka Mandal, Medak District. 7 Padiga Swarooparani, W/o. Murali, R/o. H.No.B-375, HCL Colony, Hyderabad. 8 Chinta Madaka Narsaiah, S/o. Mallaiah, R/o. H.No.15-157, Hanuman Nagar, Siddipet, Medak District. 9 Gaddameedi Yadagiri, S/o. Venkaiah, R/o. H.No.11-2-43/2, Bharat Nagar, Siddipet, Medak District. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, Rep by its Principal Secretary, Irrgation and Command Area Development, Secretariat Building, Hyderabad. 2 The Chief Engineer, Minor Irrigation, Hyderabad. 3 The District Collector, Medak at Sangareddy, 4 The Executive Engineer, Irrigation Department, Siddipet, Medak Dsitrict. 5 The Revenue Divisional Officer, Siddipet, Medak Dsitrict. .....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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in excavating the ﬂood ﬂow canal by deviation from existing canal from Komaticheruvu to Uracheruvu (Narsapur) withut conducting proper survey is arbitrary, illegal, and violative of Articles 14, 16, 21 and 300-A of Constitution of India and consequently direct the respondents not to disposess the petitioners from their lands in sy.No.1469 admeasuring Ac.1-35 gts, Sy.No.1615 admeasuring Ac.1-10 gts, sy.No.1640 admeasuring Ac.0.33 1/2 and 1639 admeasuring Ac.0.06 gts, Sy.No.1640 admeasuring Ac.0.16 1/2 gts and Sy.No.1641 admeasuring Ac.0.20 gts, Sy.No.667 admeasuring Ac.0.06 gts, Sy.Nop.1620 adnmeasuring Ac.0.38 gts, Plot No.40 in Sy.No.1640 admeasuring 200 sq.yds, Plot No. 29, Sy.No.1640 admeasuring 200 sq.yds., Sy.No.1663/A admeasuring Ac.0.07 gts and Plot No.28 in sy.No. 1640 admeasuring 200 sq.yds. situated at Siddipet, Medak District withut conduction survey and locate the existing canal leading from Komaticheruvu to Uracheruvu (Narsapur) and take up the excavation work in the existing canal only withut any deviation and pass Counsel for the Petitioner:MR.K.GOVIND Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following at the stage of admission : ORAL ORDER: The Writ Petition is ﬁled on an apprehension that the respondents will interfere with their property in the matter of excavation of a ﬂood ﬂow canal, Komaticheruvu to Uracheruvu (Narsapur). The petitioners allege that in deviation of the alignment of the existing canal, the respondents intend to excavate the canal and in the process deprive the petitioners of their properties/agricultural lands, without following the due process of law. It is a settled principle that the State cannot deprive a person of his property except by following the due process of law. In the circumstances, the Writ Petition is disposed of at the stage of admission, after hearing the learned counsel for the petitioners and the learned Government Pleader for Irrigation and Command Area Development, directing the respondents not to deprive or dispossess the petitioners of their property except by following the due process of law. There shall be no order as to costs. GODA RAGHURAM, J Date: 31.7.2008 cvm