IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19025 of 2008 Between: Kamireddy Naveen Kumar, S/o. K. Ramakrishna Reddy, R/o. 12-2-500/13, Sai Gardens, Gudimalkapur, Hydederabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Revenue (Land Acquisition) Department, Secretariat Buildings, Hyderabad, Rep. by its Principal Secretary. 2 The Revenue Divisional Officer-Cum-Land Acquisition Officer, Tirupathi, Division, Chittoor District. 3 The Chief Engineer, Telugu Ganga Project, Srikalahasthi, Chittoor District. 4 The Executive Engineer, Telugu Ganga Project Division, Tirupathi, Chittoor 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 an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring action of the respondents in taking steps to excavated in irrigation canal known as Galeru Nagari handri Niva through Petitioner admeasuring Ac. 7.00 cents and Ac. 0.40 cents situated in Sy.No. 163/2 and 162/2B respectively of Sakhamuri Kandriga Nennuru Revenue Village, Ramachandrapuram Mandal, Chittoor District as arbitrary, illegal, colourable exercise of power, violative of the fundamental rights guaranteed under Articles 14 and 19 of the Constitution of India apart from being violative of Article 300-A of the Constitution of India, failure to follow the procedure contemplated under the provisions of Land Acquisition Act, 1894 and consequently direct the respondents not to excavate irrigation canal in the said land . Counsel for the Petitioner:MR.C.V.R.RUDRA PRASAD Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: The petitioner claims to be the owner of an extent of Acs.7.40 cents of land in survey Nos.162/2B and 163/2 of Sakhamuri Kandriga, Nennuru Revenue Village, Ramachandrapuram Mandal, Chittoor District. He complains that respondents 3 and 4 are taking steps to dig an irrigation canal across his land without initiating any proceedings under the Land Acquisition Act, 1894 (for short “the Act”) and without paying any compensation. Heard learned counsel for the petitioner and learned Government Pleader for Irrigation. In case any department of Government needs the lands owned by the private individuals, for any public purpose, they have to acquire such lands by following the procedure under the Act or by undertaking private negotiations. The patta land held by an individual cannot be put to public use, without following such procedure. The petitioner asserts that no proceedings under the Act were initiated as regards his land and the respondents are proceeding to dig irrigation canal. For the foregoing reasons, the Writ Petition is disposed of, directing that the respondents shall not undertake any works over the patta land of the petitioner without acquiring the same in accordance with law or by undertaking any private negotiations. There shall be no order as to costs. ____________________ Dt.02.09.2008 L.NARASIMHA REDDY, J GJ