IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20912 of 2008 Between: 1 N.Malla Reddy, S/o. Chandra Reddy, R/o. H.No.2-4, Bandaram, Kondapak Mandal, Medak District. 2 Y.Narsaiah, S/o. Anjaiah, R/o. H.No.4-2-112,Patelpura, Siddipet, Medak District. 3 S.Venkata laxmi, W/o. Sunderaiah, R/o. H.No.4-2-34,Patelpura, Siddipet, Medak District. 4 Soma Sunderaiah, S/o. Gouraiah, R/o. H.No.4-2-34,Patelpura, Siddipet, Medak District. 5 Y.Sujatha, W/o. Ramnatham, R/o. H.No.4-2-112,Patelpura, Siddipet, Medak District. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, Rep by its Principal Secretary, Irrigation and Command Area Development Secretarit Buildings, Hyderabad. 2 The Chief Engineer, Minor Irrigation (Erramanzil) Hyderabad. 3 The District Collector, Medak at Sangareddy. 4 The Executive Engineer, Irrigation Department, Siddipet, Medak District. 5 The Revneu Divisional Officer, Siddipet, Medak District. .....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 ofthe respondent in excavating the ﬂood ﬂow canal by deviation from existing Komaticheruvu to Uracheruvu (Narsapur) without conducting proper survey is arbitrary, illegal and violativ eof ARticles 14, 16, 21 and 300-A of Constitution of India and consequently direct the respondents not to disposses petitioner from their lands to an extent of 253.33 sq.yds in Plot No.5/1 in sy.No.1513, Plot No.5 admeasuring 250.00 sq.yds in sy.No.1513, 0.21 guntas in Sy.No.1677 and 242 Sq.yds in plot Nol22, 23, 24 in sy.No.1522, 1526 of Lingareddy Pally, Siddipet Mandal, medak District without conducting any survey and locate the existing canal leading from Komaticheruvu to uracheruvu (Narsapur) and take up the excavation work in the existing canal only without 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 : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO. 20912 of 2008 ORDER: This Writ Petition is filed with the following prayer: “For the above reasons stated in the accompanying aﬃdavit, the High Court will be pleased to issue an appropriate Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in excavating the ﬂood ﬂow canal by deviation from existing Komaticheruvu to Uracheruvu (Narsapur) without 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 dispossess petitioners from their lands to an extent of 253.33 sq.yds in Plot No.5/1 in sy.No.1513, Plot No.5 admeasuring 250.00 sq.yds in sy.No.1513, 0.21 guntas in Sy.No.1677 and 242 Sq.yds in plot Nol22, 23, 24 in sy.No.1522, 1526 of Lingareddy Pally, Siddipet Mandal, Medak District without conducting any survey and locate the existing canal leading from Komaticheruvu to Uracheruvu (Narsapur) and take up the excavation work in the existing canal only without any deviation and pass such other order or orders as this Hon’ble Court may deem ﬁt and proper in the circumstances of the case.” I have heard the learned counsel for the petitioner as well as the learned Government Pleader for Irrigation appearing for the respondents. It is brought to my notice that in the identical circumstances this Court disposed of Writ Petition No.16591 of 2008 with a direction to the respondents not to deprive or dispossess the petitioners of their property except by following the due process of law. It is not disputed before this Court by the learned Government Pleader that the petitioners are also similarly situated. Accordingly the Writ Petition is disposed of with a direction to the respondents not to dispossess the petitioners from the land in their possession without following due process of law. No order as to costs. ------------------ G.ROHINI, J. 24.09.2008 kvsn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}