G.V. SATYANARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present writ petition is filed under Article 226 of the Constitution of India seeking Writ of Mandamus declaring the action of the respondent authorities in trying to dig the canal across the petitioner's land in Sy.No.60/10 of Unagatla Revenue Village, Chagallu Mandal, West Godavari District, without issuing any notice or initiating any proceedings either under land acquisition Act or under any other law as illegal and arbitrary.

(2.) The brief facts of the case is that the petitioner acquired agricultural land in an extent of Ac.4.78 cents inSy.No.60/10 of Unagatla Revenue Village, Chagallu Mandal, West Godavari District, by way of registered settlement deed bearing document Nos.1146/81, dtd. 8/4/1981 and 1731/83, dtd. 15/6/1983, executed by his sister. Since then he was in peaceful possession and enjoyment without any interference from whom so ever concerned. The revenue authorities have mutated the petitioner's name in the revenue records and issued pattadar pass book bearing patta No.130 dtd. 4/7/1996. On 11/12/2010, the respondent authorities came to land in Sy.No.60/10 for digging the canal across the petitioner's property as if the land was already acquired under Land Acquisition Act, for which the petitioner resisted and demanded the respondent authorities to show the acquisition proceedings issued in their favour. The respondent authorities have failed to produce the same and then stalled the excavation work temporarily. It was proclaimed that the respondent authorities have already acquired the property for the purpose of Tadipudi Lift Irrigation Scheme. Having no other alternative remedy, the petitioner preferred this petition.

(3.) Learned counsel for the petitioner submits that the petitioner is the absolute owner of the land acquired by him in an extent of Ac.4.78 cents in Sy.No.60/10 of Unagatla Village, Chagallu Mandal, West Godavari District, by way of registered settlement deed bearing document nos.11146/81, dtd. 8/4/1981 and 1731/83, dtd. 15/6/1983. He further submits that the respondent authorities without issuing any notice or acquiring any part of the property as contemplated under Land Acquisition Act, are trying to dig the canal across the said land for the purpose of Tadipudi Lift Irrigation Scheme.