IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11956 of 2002 Between: 1 K.Siva Nagi Reddy, S/o. Narayana Reddy, R/o. Peddakottala Village, Nandyala Mandal, Kurnool District. 2 P.Jayapapi Reddy, S/o. P.Innaiah Reddy, R/o. Peddakottala Village, Nandyala Mandal, Kurnool District. 3 S.Eswara Reddy, S/o. Balasubba Reddy, R/o. Peddakottala Village, Nandyala Mandal, Kurnool District. 4 K.Srinivasulu, S/o. Kondaiah, R/o. Peddakottala Village, Nandyala Mandal, Kurnool District. 5 K.V.Ramanaiah, S/o. Kondaiah, R/o. Peddakottala Village, Nandyala Mandal, Kurnool District. 6 B.Pratapa Reddy, S/o. Papi Reddy, R/o. Peddakottala Village, Nandyala Mandal, Kurnool District. 7 A. Rami Reddy, S/o. Konda Reddy, R/o. Peddakottala Village, Nandyala Mandal, Kurnool District. 8 B.Raja Reddy, S/o. Joji Reddy, R/o. Peddakottala Village, Nandyala Mandal, Kurnool District. 9 B.Subba Reddy, S/o. B.Raja Reddy, R/o. Peddakottala Village, Nandyala Mandal, Kurnool District. 10 Amboru Koteswara Rao, s/o. Kotaiah, R/o. Peddakottala Village, Nandyala Mandal, Kurnool District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Irrigation and CAD Department, Secretariat Buildings, Hyderabad. 2 The Superintendent Engineer, Telugu Ganga Project, Nandyal, Kurnool District. 3 The Executive Engineer, Telugu Ganga Project, Nandyal, Kurnool 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 may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of "Writ of Mandamus" by declaring the action of the respondents in trying to take possession of the lands belonging to the petitioners 1 to 7 situated in Sy.Nos. 772, 768, 769, 742, 839, 47, 784, 780, 849/A/1, 790, 794, 45, of Ayyaluru Village, Nandyala Mandal, Kurnool District and the lands belonging to the petitioners 8 to 10 situated in Sy.Nos.269, 268 and 270, of Nandipalli Village, Mahanandi Mandal, Kurnool District without invoking provisions of Land Acquisition Act, as illegal, arbitrary, unjust and violative of Article 300-A of the Constitution of India and consequently direct the respondents to take possession of the petitioners lands only after duly following provisions of Land Acquisition Act by depositing 80% of the Market Value as estimated by the Collector and pay the suitable compensation. Counsel for the Petitioners: MR.C.PRAKASH REDDY Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH Writ Petition No.11956 of 2002 ORDER: None appears for the petitioner. Heard the learned Government Pleader for Irrigation and Command Area Development. It is the case of the petitioners that they are the agriculturists and residents of Peddakottala village of Nandyala Mandal in Kurnool District. Petitioners 1 to 7 own lands in Sy.Nos.772, 768, 769, 742, 839, 47, 784, 780, 849/A/1, 790, 794 and 45 of Ayyaluru village of Nandyala Mandal in Kurnool District, and petitioners 8 to 10 own lands in Sy.Nos.269, 268 and 270 of Nandipalli village of Mahanandi Mandal in Kurnool District. It is their grievance that the respondents, without following due process of law and without acquiring their lands by initiating proceedings under the Land Acquisition Act, 1894 (for short “the Act”) sought to take their lands for the purpose of proposed channel on Telugu Ganga main canal. A counter has been ﬁled by the respondents stating that the alignment of the proposed block No.12 distributor canal under Telugu Ganga project is passing through Sy.Nos.772, 839, 47, 784, 780, 849/A/1, 790 and 45 of Ayyaluru village of Nandyal Mandal and Sy.Nos.269, 268 and 270 of Nandipalli village of Mahanandi Mandal, and the alignment of the proposed distributory canal is not passing through Sy.Nos.768, 769, 742 and 794 of Ayyaluru village, and as such the lands in Sy.Nos.768, 769, 742 and 794 are not at all required. It is further stated that proposals for acquisition of lands required were sent to the Special Deputy Collector, Land Acquisition, Telugu Ganga Project, vide letter dated 27.06.1997. It is also stated that the lands that are required will be acquired only after following due process of law. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to dispossess the petitioners from their lands without acquiring them under the Act and without following due process of law. It is always open to the respondents to acquire the lands of the petitioners following due process of law. There shall be no order as to costs. _______________ (V.Eswaraiah, J) 26th August 2008 sh