IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 3234 of 2008 Between: 1 Nurale Vanu S/o. Late Hanaumanthu R/o. Mogaddagad, Village, Kowtala Mandal, District. Adilabad. 2 Nurale Jayaram S/o.Krishna R/o. Mogaddagad, Village, Kowtala Mandal, District. Adilabad. 3 Nurale Balaji S/o. Nagania R/o. Mogaddagad, Village, Kowtala Mandal, District. Adilabad. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, I & CAD Department, Secretariat, Hyderabad. 2 The District Collector, Adilabad. 3 The Sub Collector, Asifabad, Adilabad District. 4 The Superintending Engineer, Medium Irrigation Project Circle, Bellampally Circle, Bellampally, Adilabad 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 a writ order or direction more in nature of writ of Mandamus directing the respondents herein not to dispossess the petitioners from their patta lands i.e, in Sy.No. 35/A,. 35/B Situated at Mogaddagad Village for the extent of acres 4-08 Cents, situated at Mogaddagad Village of Mandal Kowtala, Adilabad District for the purpose of digging and construction of Water Tank by duly declaring the action of the respondents for digging and construction of water canal without following due procedure under law i.e, without notice without payment of compensation , without consent as illegal, arbitrary and violative of Article 14, 21 and 300-A of Constitution of India and pass such other order or orders as this Hon‘ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.VENKATESHWAR VARANASI Counsel for the Respondent Nos.1 and 4: GP FOR IRRIGATION & COMM AREA DEV. Counsel for Respondents 2 and 3: G.P. for Revnenue. The Court made the following: THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.3234 of 2008 ORDER: Heard the learned counsel. 2. The Writ Petition is filed for a Writ of Mandamus directing the respondents not to dispossess the petitioners from their patta lands i.e., in Sy.Nos.35/A, 35/B, situated at Mogaddagad village for the extent of 4 acres 8 cents, situated at Mogaddagad village of Mandal Kowtala, Adilabad District for the purpose of digging and construction of water tank by duly declaring the action of the respondents for digging and construction of water canal without following due procedure under law i.e., without notice, without payment of compensation, without consent as illegal, arbitrary and violative of Articles 14, 21 and 300-A of Constitution of India and pass such other suitable orders. 3. Several facts had been narrated in the affidavit filed in support of the Writ Petition. The main grievance of the petitioners is that the respondents are trying to carry on the digging operations and the construction of water canal without following the due procedure. 4. The learned Assistant Government Pleader for Irrigation, however, would submit that the Writ Petition itself is premature and the due procedure will be followed. The same is hereby recorded. 5. In view of the facts and circumstances, the Writ Petition is disposed of directing the respondents not to dispossess the petitioners from the petitioners’ patta lands unless due procedure is followed. There shall be no order as to costs. -------------------------- 19.02.2008 SSR Issue order copy in a week. (BO) To 1 The Secretary, I & CAD Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The District Collector, Adilabad. 3 The Sub Collector, Asifabad, Adilabad District. 4 The Superintending Engineer, Medium Irrigation Project Circle, Bellampally Circle, Bellampally, Adilabad District. 5. 2CCs to G.P. for Irrigation. (OUT) 6. 2CCs to G.P. for Revenue. (OUT) 7. .2CD copies Form-NIC-OGS/WP{VSMI}