IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 8728 of 2008 Between: Sri Banda Sridhar Raju, S/o.Sri Banda Srihari R/o.Flat No.204 Kamala Place Shamlal Building Area, Begampet, Hyd ..... PETITIONER AND 1 The Dist Collector Warangal Dist 2 The Land Acquisition Officer Cum Chief Engineer Devadula Project Camp, Warangal Dist 3 The Revenue Divisional Officer Jangoan, Warangal Dist 4 The Tahasildar Cherial (M) Warangal Dist .....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 issue a writ, directing or order more particularly one in the nature of writ of Mandamus to give directions of the Respondents restraining them from proceeding with the execution of the canal works touching any land on both the northern, north western corner and western boundaries of my land admeasuring 38.1/2 Guntas land In S.Y No.743/A/1 Dommata(V) Cherial(M) Warangal Dist Counsel for the Petitioner: MR.B.DEVANAND Counsel for the Respondents: GP FOR LAND ACQUISITION The Court at the stage of admission made the following : ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. It is the case of the petitioner that he is the owner of land admeasuring 38 ½ guntas in Survey No.743/A/1, Dommata Village, Cherial Mangal, Warangal District having purchased the same in the year 2005. It is stated that he is constructing a farmhouse in the corner of the said land and in the meanwhile, Devadula Project Reservoir is proposed to be constructed and excavation work has been started and in that process, a portion of the land in question is going to be affected. It is also stated that no proceedings have been initiated proposing to acquire the said land of the petitioner. The petitioner, therefore, seeks a writ of mandamus declaring the action of the respondents in taking steps to dig his land without initiating due process of law for acquiring the land as illegal and arbitrary. I am not inclined to express any opinion with regard to the merits of the case regarding the boundaries of the land of the petitioner over an extent of 38 ½ guntas situated in Survey No.743/A/1 of Dommata Village, Cherial Mandal, Warangal District. However, the right of a citizen to use his land cannot be deprived by the Government without acquiring the same. Having regard to the facts and circumstances of the case, the respondents are directed not to deprive the petitioner of his land or dispossess him in respect of 38 ½ guntas of land in Survey No.743/A/1 of Dommata Village, Cherial Mandal, Warangal District without following due process of law. The writ petition is accordingly disposed of. V. ESWARAIAH, J Dated: 30-04-2008 ks Note: Furnish copy by tomorrow. B/O ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Dist Collector Warangal Dist 2 The Land Acquisition Officer Cum Chief Engineer Devadula Project Camp, Warangal Dist 3 The Revenue Divisional Officer Jangoan, Warangal Dist 4 The Tahasildar, Cherial (M) Warangal Dist 5 2CCs to Government Pleader for Land Acquisition, High Court of Andhra Pradesh, Hyderabad (OUT) 6 2CD copies