IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21503 of 2005 Between: S. Amanulla … Petitioner AND The Superintending Engineer, Rural Water Supply Circle, Chittoor & another. … Respondents Counsel for the petitioner : Sri P.P. Roy Reddy Counsel for the respondents : GP for Panchayat Raj This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21503 of 2005 ORDER:- At the interlocutory stage the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a writ of Mandamus to declare the action of the respondents in taking up and proceeding with the work of increasing the full tank level of the Bodireddikunta Tank, affecting the petitioner’s lands comprised in Sy.Nos.2020/1 and 2020/4 of Doddipalli Village, Kakularamvaripalli Panchayat, Piler Mandal, Chittoor District, without initiating proceedings under the Land Acquisition Act, 1894 (for short, ‘the Act’), as illegal and arbitrary. Heard Sri P. Roy Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Panchayat Raj. The petitioner is the owner of Ac.0.80 cents and Ac.1.86 cents in Sy.Nos.2020/1 and 2020/4 respectively of Doddipalli Village, Piler Mandal, Chittoor District. He converted an extent of Ac.2.00 into house sites under an approved layout. He alleged that the old irrigation source called Bodireddikunta Tank is in existence near his lands and on 23.09.2005 the officials of RWS Department along with Mandal Surveyor conducted survey of his lands and made markings thereon. The petitioner alleged that he was informed by the officials that the height of the tank bund and the surplus weir of the said tank is being raised to increase the water retention capacity of the tank. This proposal of the respondents is questioned in this writ petition on the ground that the increase in the FTL will cause submersion of the properties of the petitioner and that the respondents cannot resort to such an action without initiating proceedings under the Act. In the counter affidavit filed by respondent No.2, it is admitted that the petitioner’s lands are situated close to the old irrigation source. It is further stated that keeping in view the severe drought condition in the area and to utilize the surface water of Pincha river, RWS department officials started construction of the work on 28.09.2005, which could not be completed due to paucity of funds. It is stated that the height of the tank is being raised to increase its water retention capacity and after receipt of legal notice dated 27.09.2005 issued on behalf of the petitioner, the Deputy Executive Engineer, RWS, Piler, sent land acquisition proposals to the Mandal Revenue Officer, Piler on 14.02.2005 and 26.09.2005 and that the said proposals are in process in the revenue department, which will be finalized in due course of time. It is stated that the petitioner will be paid adequate compensation for the lands proposed to be acquired for the purpose of RWS scheme. At the hearing, neither of the counsel reported instructions as to the present state of affairs. However, in view of the categorical statement contained in the counter affidavit filed by respondent No.2, I do not find it necessary to keep the writ petition pending. The writ petition is therefore disposed of. Since the counter affidavit was filed by respondent No.2 as far back as 08.11.2005, it is presumed that the respondents would have completed the acquisition proceedings by now. If, for any reason, the proceedings are not completed, the respondents are directed to complete the same within a period of three months from the date of receipt of a copy of this order and pay appropriate compensation to the petitioner under the provisions of the Act. As a sequel to disposal of the writ petition, WPMP.No.27579 of 2005 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 19.06.2008 ES