IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.15008 OF 2008 Between: Vikram Chandra Sanyasi Raju, S/o. Late Raja Lakshminarasimha Sanyasi Raju ..... PETITIONER AND The Deputy Executive Engineer, Irrigation Department, Salur, Vizianagaram District and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.15008 OF 2008 ORDER: Heard the learned counsel. 2. The writ petition is filed for a writ of mandamus declaring action of respondent No.1 – Deputy Executive Engineer, Irrigation Department, Salur, Vizianagaram District, in trying to take possession of the vacant site admeasuring an extent of Ac.2-80 cents in Ward No.28 of Salur Municipality belonging to the petitioner, which forms Item No.5 of IV properties of the proceedings issued in Rc.No.1366/52, dated 31.12.1952 by the Manager, Court of Wards, Salur Estate, Salur, as arbitrary and illegal and pass such other suitable orders. 3. Several facts had been narrated in the affidavit filed in support of the writ petition. 4. A counter affidavit had also been filed. In paragraph No.4 of the counter affidavit it is stated that the Perasagaram tank is irrigating an ayacut of 1100 acres through Left and Right channels and it is existing age old Vegavathi anicuts system, which is recently included in the Peddagedda Reservoir Project, for stabilization of its ayacut and no such possession of land is made by the Department and the Department had not contemplated for possession of land. It is also stated that respondent No.1 had not taken possession of any land including the vacant site i.e., an extent of Ac.2-80 cents in Ward No.28 of Salur Municipality belonging to the petitioner. Respondent No.1 has not contemplated any action for possession of land and as stated above respondent No.1 is not competent to take possession of land. It is further stated that the Deputy Executive Engineer, Peddagadda Project Sub-Division is not trying to dispossess the petitioner nor trying to take possession of the said land admeasuring an extent of Ac.2-80 cents in Ward No.28 of Salur Municipality. 5. Several further facts had also been narrated in the counter affidavit aforesaid. 6. The learned counsel also pointed out to the Revenue Records produced before this Court. 7. In the light of the facts and circumstances, this Court is of the considered opinion that the writ petition be disposed of in the light of the specific stand taken in paragraph No.4 of the counter affidavit to the effect that respondent No.1 had not taken possession of the land including the vacant site i.e., an extent of Ac.2-80 cents in Ward No.28 of Salur Municipality belonging to the petitioner. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________________ P.S. NARAYANA, J January 18, 2010 MD