Telangana High Court
WP/27572/2005 of M.Sivaram Vs The District Collector, Kurnool District, Kurnool on 27 December 2005
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No. 27572 of 2005 Between: M.Sivaram ..... PETITIONER AND The District Collector, Kurnool
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FIVE
PRESENT
THE HON'BLE MR JUSTICE V.ESWARAIAH
WRIT PETITION No. 27572 of 2005
Between:
M.Sivaram
..... PETITIONER
AND
The District Collector, Kurnool District, Kurnool and 2 others
.....RESPONDENTS
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ORDER:
Seeking a Mandamus, declaring the action of the respondents in making attempts toform a channel and to open a sluice point through the land of the petitioner bearingSurvey No.354/1 of Bukkapuram village, Mahanandi Mandal, Kurnool District,without following the due process of law, as illegal and arbitrary, the present writpetition is filed.
Heard the learned counsel for the petitioner and the learned Government Pleader forIrrigation.
The petitioner submits that he is the owner of the land to an extent of Ac.1.00situated in Survey No.354/1 of Bukkapuram village, Mahanandi Mandal, KurnoolDistrict. While so, the respondents are making attempts to form a channel and toopen a sluice point through the land of the petitioner without acquiring the said landand without paying any compensation. If the land of the petitioner is required for anypublic purpose, the respondents have to follow the due procedure prescribed in law.Without following the due procedure under Land Acquisition Act or by makingprivate negotiations, the respondents cannot acquire the land of the petitioner.
Having regard to the facts and circumstances of the case, the respondents aredirected not to dispossess the petitioner from the land in question except byfollowing due procedure prescribed in law.
With the above observations, the Writ Petition is disposed of. No order as to costs.
Dated: 27.12.2005
Dsr
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V.ESWARAIAH,J