Telangana High Court
WP/27544/2005 of Chereddy Pedda Subba Reddy , Subba Reddy, Vs The Government of A.P., Rep by its Secretary- 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. 27544 of 2005 Between: Chereddy Pedda Subba Reddy @ Subba Reddy ..... PETITIONER AND The
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. 27544 of 2005
Between:
Chereddy Pedda Subba Reddy @ Subba Reddy
AND
The Government of A.P.,
Rep by its Secretary- (Irrigation Department), Secretariat, Saifabad, Hyderabad and 3 others
..... PETITIONER
.....RESPONDENTS
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ORDER:
Seeking a Mandamus, declaring the action of the respondents in evicting the petitioner from his lands by digging a channel in Survey No.657/2A3 Pyki, an extentof Ac.2.50 cents and Ac.2.11 cents of Sangampatnam village, Owk Mandal, KurnoolDistrict, without following the due process of law, as illegal and arbitrary, the presentwrit petition 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 lands to an extent of Ac.4.61 centssituated in Survey No.657/2A3 Pyki, at Sangapatnam village, Owk Mandal ofKurnool District. While so, the 2nd respondent is taking steps to dig a channel about130 feet for Galeru-Nagari Sujala Sravanthi Canal through the lands of the petitionerwithout acquiring the said lands and without paying any compensation. If the landsof the petitioner are required for any public purpose, the respondents have to followthe due procedure prescribed in law. Without following the due procedure underLand Acquisition Act or by making private negotiations, the respondents cannotacquire the lands of the petitioner.
Having regard to the facts and circumstances of the case, the respondents aredirected not to dispossess the petitioner from the lands 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
________________
V.ESWARAIAH,J
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