IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15342 of 2008 Between: Akula Naga Surya Vijaya Kumar, S/o. Veerraju, R/o. Door No.32-7-13, Meraka Veedhi, Rajahmundry, East Godavari District. ..... PETITIONER AND 1 The District Collector, East Godavari District, Kakinada. 2 The Special Collector(Land Acquistion), Pushkara Lift Irrigation, Indira Sagar Project, J.N.Road, Rajahmundry, East Godavari District. 3 The Chief Engineer, Pushkara Lift Irrigation, Dowleswaram, East Godavari District. 4 The Superintending Engineer, Pushkara Lift Irrigation, Dowleswaram,East Godavari District. 5 M/s Prasad Constructions Ltd., rep by its Managing Director, Somajiguda, Hyderabad. .....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 a Writ, order or direction, especially one in the nature of Writ of Mandamus declaring the action of the Respondents 1 and 2 in not following the procedure under the Act, and also the action of the 5th Respondent from deviating the approved alignment while excavating the canal under the pushkara irrigation canal under Indira Sagar Project, as illegal, arbitrary and capricious and violative of Article 300A of the constitution of India. Counsel for the Petitioner: MR.VL.N.G.KMURTHY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE MS. JUSTICE G. ROHINI WRIT PETITION NO. 15342 of 2008 O R D E R: The entire grievance of the petitioner is that the respondents are proceeding with the work i.e. Pushkara Lift Irrigation Scheme for which the petitioner’s land was acquired in deviation of the approved alignment. Since the matter involves several questions of fact, which cannot be enquired into and decided by this Court while exercising the jurisdiction of Article 226 of the Constitution of India, I am of the opinion that the proper course would be to work out the appropriate common law remedy. Accordingly, granting leave and liberty to the petitioner to work out the common law remedy, the writ petition is disposed of. No costs. __________________ G.ROHINI,J Date:17-07-2008 Note: issue C.C. in two days. B/o KLP