IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWELVE :PRESENT: THE HON'BLE SRI JUSTICE K.C.BHANU WP .NO:571 of 2012 Between: 1 Guvva Rajaiah, S/o Narsaiah, 2 Bollarapu Gangadhar, S/o Bhadraiah, 3 Bollarapu Rajaiah, S/o Lingaiah, 4 Nakka Narsamma, W/o Gangarajam, 5. Maddela Prabhakat S/o Rajaiah 6. Kothuru Laxman S/o Rajanna ..... Petitioners AND 1. The Govt. of A.P., rep. by its Principal Secretary to the Municipal Administration, Secretariat Buildings, Hyderabad. 2. The Jagtial Municipality, rep. by its Commissioner, Jagtial Proper and Mandal, Karimnagar District 3. The District Collector, Karimnagar District, Karimnagar 4. The Special Officer cum Revenue Divisional Officer, Jagtial Division, Jagtial Proper and Mandal, Karimnagar District .....Respondents Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the petition and the affidavit filed herein, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ order or direction declaring the action of the respondents in dumping the construction material and proposing to covert the water Flow/Sluice (Kaluva) from the Chinthakunta cheruvu to the Agricultural lands of the petitioners and proposing to construction the drainage in the lands of agricultural lands of the petitioners by putting an end of the drainage water in the agricultural lands of the petitioner i.e. a) 0.08 guntas in Sy.No. 1914 b) 0.07 guntas in Sy. No. 1915 c) 0.03 ½ guntas in Sy. No. 1910 d) 0.05 ½ + 0.11 guntas in Sy. No. 1912 e) 0.01 ¼ guntas in Sy. No. 1915 f) 0.22 guntas in Sy. No’s 1916 , 1917 & 1716 of the petitioner No.1, like wise of a). 0.22 guntas in Sy. No. 1917 b) 0.12 guntas in Sy. No. 1900 and c). 0.02 guntas in Sy. No. 1916 (total 0.36 guntas), of the petitioner No.2, a). 0.13 guntas in Sy.No. 1918, b) 0.04 guntas in Sy. No. 1792 and c). 0.08 ¾ guntas inSy. No. 1793, of the petitioner No.3, a) 0.13 guntas in Sy. No. 1918, b) 0.04 guntas in Sy. No. 1792 and c). 0.8 ¾ guntas in Sy. No. 1793 of the petitioner No.4, a) 0.10 guntas inSy. No. 1914 b). 0.14 guntas in Sy.No. 1915 of the petitioner No.5, and agricultural land admeasuring 0.08 guntas in Sy. No. 1893 of the petitioner No.6, respectively, situated at Jagtial proper and mandal, Karimnagar District, without paying any compensation to the petitioner is nothing by arbitrary, illegal, null and void and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and also violative of the provisions of the A.P. Municipalities Act and also violative of the provisions of the Land Acquisition Act. Consequently direct the respondents not to construction any drainage converting the water flow/sluice (Kaluva) leads from Chinthakunta Cheruvu to the petitioners agricultural lands and not to construction any drainage and putting an end of the said drainage in the lands of the petitioners, unless land acquisition proceedings are issued and compensation is paid to the petitioner; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Sri K.Venumadhav, Advocate for the Petitioners and of the G.P. for Municipal Administration, for the Respondent No.1, and of Smt. Shanthi Neelam, Advocate for the Respondent No.2, the Court made the following. ORDER: “Post after three (3) weeks for filing counter. In the meanwhile, there shall not be any constructions in the lands of the petitioners, except in accordance with law.” ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1. The Principal Secretary to the Municipal Administration, Govt. of A.P., Secretariat Buildings, Hyderabad. 2. The Commissioner, Jagtial Municipality, Jagtial Proper and Mandal, Karimnagar District 3. The District Collector, Karimnagar District, Karimnagar 4. The Special Officer cum Revenue Divisional Officer, Jagtial Division, Jagtial Proper and Mandal, Karimnagar District (Addressees 1 to 4 BY RPAD) 5. Two CCs to G.P. for Municipal Administration, High Court of A.P., Hyderabad (OUT) 6. One CC to Sri K.Venumadhav, Advocate (OPUC) 7. One Spare Copy Ab HIGH COURT AB DRAFTED ON 6-1-2012 KCBJ DATE: 6-1-2012 ORDER WP. NO. 571 OF 2012 DIRECTION