IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Mr. JUSTICE C.V.RAMULU WRIT PETITION No.9021 of 1997 Between: 1 K. Nagabhushnam S/o.Narsaiah R/o.Pakabanda Bazar, H.No.7-4-70, Khammam, Khammam Dist. 2 Bomma Venkata Nageswara Rao, S/o Late Butchyalu, R/o.Pakabanda Bazar, Khammam, Khammam Dist. 3 Maduri Srinivasa Rao S/o.Late Satyanarayana R/o.Pakabanda Bazar, Khammam, Khammam Dist. 4 Maduri Lakshmi Narasaiah S/o Late Veeraiah R/o.Pakabanda Bazar, Khammam, Khammam Dist. 5 Maduri Rama Kotaiah S/o.late Veeraiah R/o.Pakabanda Bazar, Khammam, Khammam Dist. 6 Maduri Bhadraiah S/o.late Veeraiah R/o.Pakabanda Bazar, Khammam, Khammam Dist. 7 Maduri Venkateswarlu, S/o.late Veeraiah R/o.Pakabanda Bazar, Khammam, Khammam Dist. 8 Maduri Koteswara Rao, S/o.late Hazaraiah, R/o.Pakabanda Bazar, Khammam, Khammam Dist. 9 Maduri Koteswara Rao, S/o.late Hazaraiah, R/o.Pakabanda Bazar, Khammam, Khammam Dist. 10 Kurupati Butchaiah, S/o.late Venkatappaiah, R/o.Pakabanda Bazar, Khammam, Khammam Dist. ..... PETITIONERS AND 1 The District Collector, Khammam. 2 Govt.of A.P., rep.by its Secretary, Revenue Dept., Secretariat Buildings, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring that the petitioners are entitled to get back their lands admeasuring Ac.18-02 guntas in Sy.No.168, 169, 170, 171 of Pakabanda nd Sy.No.52,53,54 and 55 of Damssalapuram village of Khammam Urban Mandal, Khammam District in terms of Board Standing Order No.90 and further direct the respondents to deliver the same to the petitioners on payment of cost price as per the provisions of Board Standing Order No.90 and pass Counsel for the Petitioners: MR.M.V.DURGA PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.9021 of 1997 ORAL ORDER: This Writ Petition is ﬁled seeking a Mandamus declaring that the petitioners are entitled to get back their lands ad measuring Ac.18.02 gts in Sy.Nos.168 to 171 of Pakabanda village and Sy.Nos.52 to 55 of Damsalapuram village of Khammam Urban Mandal, Khammam District and consequently to direct the respondents to deliver the same to the petitioners on payment of cost price in terms of Board Standing Order No.90. It appears, the said lands belonging to the petitioners were acquired in the year 1976 by invoking the provisions of the Land Acquisition Act,1894 (for short ‘the Act’) for the purpose of laying canals to supply water to the villages through Major-II from M.O. 6-412 to 2-5-100. Subsequently, land was excavated and canals were formed and water has been supplied by the N.S. Canals Department for a period of two years only. Now, it is their contention that subsequently, the N.S. Canal Department stopped supplying water, since nobody is raising any crops due to non-availability of water in time and non- supply of water continuously because of construction of a Bridge (ramp) in the Parsee Bandam at a higher height; so, virtually there is no supply of water since March,1980 onwards and entire land was kept fallow. Under such circumstances and as the land is not put to any use by the acquisitioning authority, they are entitled for reclamation of the land, as per Board Standing Order No.90 as amended by G.O.Ms.No.628, dated 19- 5-1975. There is no necessity of going into all the details. The law, in this regard, is well settled that once the land was acquired by invoking the provisions of the Land Acquisition Act and possession was delivered, the question whether the land remained unutilized or not being utilized properly, cannot be gone into by the Courts and the land losers, under the Act, cannot reclaim the land under such circumstances. However, according to the learned counsel for the petitioners, in terms of B.S.O. 90, petitioners are entitled for consideration by the District Collector concerned. In view of the above, without going into the merits of the case, respondent No.1 is directed to consider the case of the petitioners in terms of Board Standing Order No.90 for reclamation of the said lands, if they are otherwise eligible, as per law, and pass appropriate orders, within a period of eight (8) weeks from the date of receipt of a copy of this Order. With the above direction, the Writ Petition is disposed of. No order as to costs. 01-8-2008 Prk