Telangana High Court

WP/26483/2006 of R.Damodar Reddy Vs State of Andhra Pradesh, rep.by its Secretary to on 22 December 2006

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SRI JUSTICE C.V.RAMULU W.P.No.26483 of 2006 Issue operative portion of the Order by wire: In view of the above, without expressing any opinion on merits, respondents are directed not to interfere with the peaceful possession and enjoyment of the properties of the petitioners in their

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THE HON’BLE SRI JUSTICE C.V.RAMULUW.P.No.26483 of 2006

Issue operative portion of theOrder by wire:

In view of the above, without expressing anyopinion on merits, respondents are directed not tointerfere with the peaceful possession andenjoyment of the properties of the petitioners in theirrespective survey numbers i.e.,283,284,285,287,288, 290, 291, 292, 294, 295 &296 situated at Khanaipally Village, KothakotaMandal, Mahabubnagar District, otherwise than indue process of law, neither by digging theproperties nor by any other activities.

Writ petition is disposed of accordingly. Nocosts.

Note:After dispatch of theOrder, the bundle may be __________

22-12-2006

Sent to the CM Section(B.O)rkk

THE HON’BLE SRI JUSTICE C.V.RAMULU

W.P.No.26483 of 2006

Dated:22.12.2006

Between

The Gram Panchayat, YedurlankaI.Polavaram Mandal, East godavariDistrict rep., by its Sarpanch.

and

…..Petitioners

1.The Superintendent Engineer,Irrigation Circle, Dowleswaram,East Godavari District and others.

…Respondents

ORDER:

THE HON’BLE SRI JUSTICE C.V.RAMULUW.P.No.26483 of 2006

This writ petition is filed seeking a Mandamusto declare the action of the respondents in seekingto deprive the properties of petitioners inSy.Nos.283, 284, 285, 287, 288, 290, 291, 292,294, 295 and 296 situated at Khanaipally village,Kothakota Mandal, Mahabubnagar District for thepurpose of construction of canal under RajeevGandhi Lift Irrigation Scheme project II (BimaProject), without acquiring the same under theprovisions of Land Acquisition Act (for short ‘theAct’), as arbitrary and illegal and violative of Article 300-A of Constitution of India.

It appears that the petitioners are agriculturistsand owns different extents of lands in surveynumbers mentioned above. While so, the 1[st]respondent has proposed to construct a canal onBima Project, which is named as Rajeev LiftIrrigation Scheme Project-II. Several propertieshave been acquired for the said purpose, which arecoming under submergence under the said project. The properties belonging to the petitioners havenot been acquired by the respondents at any pointof time by issuing notification under Section 4 (1) ofthe Act. It is their contention that no draftnotification and no draft declaration proposals wereissued for the purpose of acquiring the petitioners’properties. However, on 8.12.2006 when thepetitioners were attending to their agriculturalactivities, the 3[rd] and 4[th] respondents along withone Tirupathi Reddy have come to their lands andstarted digging the properties stating that the aboveproperty is being acquired for the purpose of Bima Project. The petitioners questioned their right to enter into the property without issuing anynotification under Section 4 (1) of the Act. But, therespondents have sought to take possession of theproperties from the petitioners forcibly by statingthat notification and the consequential proceedingswould be initiated later on, and in view of urgency,possession of the properties would be taken.

In view of the above, without expressing anyopinion on merits, respondents are directed not tointerfere with the peaceful possession andenjoyment of the properties of the petitioners in theirrespective survey numbers i.e.,283,284,285,287,288, 290, 291, 292, 294, 295 &296 situated at Khanaipally Village, KothakotaMandal, Mahabubnagar District, otherwise than due process of law, neither by digging theproperties nor by any other activities.

Writ petition is disposed of accordingly. Nocosts.

rkk

_________

22-12-2006

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