IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 19815 of 2008 Between: Reddem Veera Mohan Reddy S/o.Ramakota Reddy R/o.Narayanapuram H/o.Tallada village & mandal Khammam District ..... PETITIONER AND 1 The Executive Engineer, Irrigation Department Khammam 2 The Dy.Executive Engineer (I&CAD), Irrigation Sub Division, Madhira, Khammam District 3 The Tahasildar, Tallada Mandal, At Tallada Khammam district .....RESPONDENTS 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 writ or direction preferably writ of mandamus declaring the action of the respondent Nos.1 and 2 and their subordinates in interfering with peaceful possession and enjoyment of the petitioner in respect of land to an extent Ac.2.00 in Sy.No.890/AA situated at Tallada village & Mandal, Khammam District and action of the respondent No.s 2 and 3 in addressing a letter to the local police on dated 30.8.2008 is illegal, arbitrary, contrary to record and violative of principles of natural justice and consequently direct the respondents and their staﬀ not to dispossess the petitioner ﬁrm the said land except in accordance with due course of law. Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR 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. 19815 of 2008 O R D E R: This writ petition is ﬁled seeking a declaration that the action of the respondents 1 and 2 in interfering with the possession and enjoyment of the petitioner in respect of the land to an extent of Ac.200 in Sy.No.890/AA of Tallada Village and Mandal, Khammam District and the further action of the respondents 2 and 3 in addressing a letter dated 30-08-2008 calling upon the petitioner to attend before the Tahsildar, Tallada village and to represent his case with regard to the alleged excavation of earth in contravention of A.P. (Telangara Area) Irrigation Act, 1357 F (for short ‘the Act) as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as the learned Government Pleader for Irrigation appearing for the respondents. Though various contentions have been raised by the petitioner assailing the impugned action, having regard to the fact that the impugned notice dated 30-08- 2008 is only a notice under which the petitioner was called upon to appear before the 3rd respondent and to represent his case, I am of the opinion that the writ petition is premature and the interference by this Court is not warranted at this stage. Accordingly, the writ petition is disposed of permitting the petitioner to raise all his objections before the 3rd respondent including that the 3rd respondent-Tahsildar has no jurisdiction to make any enquiry under the provisions of the Act, within a period of two weeks from today. If any such objections are raised within the time stipulated above, the respondents shall consider the same and pass appropriate orders in accordance with law. No costs. ______________ G. ROHINI,J Date: 11-09-2008 Note: Issue C.C. in 3 days. B/o KLP