THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.NO.8934 OF 2006 ORDER This writ petition is filed seeking Mandamus declaring the action of the respondent authorities in depriving the petitioners of their property admeasuring Ac.11-09 guntas in Survey No.198 of Mallial Village and Mandal, Karimnagar District as arbitrary, illegal and violation of Articles 14,21 and 300-A of the Constitution of India and direct the respondent-authorities to notify the land of the petitioners under the Land Acquisition Act and to pay compensation as per their eligibility. According to the petitioners, who are six in number, they own small extents of lands in Survey No.198 totally admeasuring 11.09 guntas situated in Mallial Village and Mandal of Karimnagar District. The Forest Department raised bund around the land of the petitioners, which resulted in inundation of lands of the petitioners. Therefore, they made several representations requesting the authorities to invoke the provisions of the Land Acquisition Act and pay compensation as per their eligibility. Till date, nothing has been done. In the counter filed by the respondents, it is stated that the Forest Department has not acquired the land belonging to the petitioners and the tank has been constructed by one Vanasamrakshna Samiti, Mallial, as the said land was not undulating, bouldary and not fit for cultivation. Therefore, the statement made by the petitioners that they are carrying on agricultural operations is false and incorrect. The land was not acquired by the Government. The Vanasamrakshna Samiti members have passed a resolution in Gram Sabha on 6-7-2001 that a tank should be constructed on the land, so as to stop excess rain-fed water from the hillocks, which will percolate the lands around and the water in excess of such percolation can be diverted though a channel to Ramcheruvu at Mallial, which will be useful for village and beneficial to the farmers. The Forest Department authorities have neither gone to the spot nor they have approached the petitioners for such acquisition as claimed by the petitioners. From the above, it is seen that acquiring the land or occupying the land is not in dispute, except saying that it is of bouldary and not fit for cultivation. May be the land is not suitable for cultivation but that does not mean that the lands of the petitioners can be acquired or occupied by Vanasamrakshna Samiti which was encouraged by the Forest Department. Under those circumstances, without expressing any opinion on merits, the District Collector, Karimnagar is directed to enquire into the matter and pass appropriate orders for the purpose of acquiring the lands if the lands of the petitioners in Survey No.198 in an extent of Ac 11-09 guntas is inundated due to construction of the bund by the Forest Department, otherwise. If the land is not required, the petitioners may be permitted to utilize the lands as they like, without any further delay. This exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. Writ petition is accordingly disposed of. _______________ C.V.RAMULU,J rkk Dated: 23-11-2010