THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.37917 of 2014 Between:
Dated 10th December, 2014 Telagamshetti Tulasirathnam and others And …Petitioners State of Andhra Pradesh, rep.by its Principal Secretary, Irrigation & Command Area Development Department at Secretariat, Hyderabad and others …Respondents Counsel for the petitioners: Sri N.Sreedhar Reddy Counsel for the respondents: GP for Irrigation & CAD The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of the respondents in seeking to interfere with the petitioners’ possession and enjoyment of their lands admeasuring Acs.12.53 cents situated in various survey numbers of Pattisam Village, Polavaram Mandal, West Godavari District as illegal and arbitrary.
The grievance of the petitioners as reflected from their pleadings is that with a view to lay a pipe line in connection with the Polavaram Lift Irrigation Project, the respondents have stationed pipes and other materials just adjacent to their lands and that their enquiries revealed that the respondents have been proposing to lay the pipe line through their lands without following due process of law.
When the writ petition came up for admission on 09.12.2014, at the request of the learned Government Pleader for Irrigation and CAD (AP), the case has been adjourned to today. Today, the learned Government Pleader on instructions submitted that as of now the respondents have not finalised the alignment of the canal and they have been exploring several alternatives and that in the event they decide to lay the pipe line over the petitioners’ lands, they will follow due process of law.
In the light of the above submissions of the learned Government Pleader which are placed on record, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.47426 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 10th December, 2014
VGB