IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND SEVEN PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16193 of 2007 Between: 1 Bhanoth Lalu S/o Kasana 2 Dharmasoth Erya S/o Bojya 3 Maloth Man Sing S/o Alya 4 Manga Komuraiah S/o Momuraiah 5 Manga Beeraiah S/o Komuraiah 6 Vankudoth Ramji S/o Bindya All are Agriculturists, Al are R/o Thalla Thanda, H/o Gudur, Gudur Mandal, Warangal District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep by its Principal Secretary, Irrigation and Command Area Development, Secretariat, Hyderabad. 2 The Chief engineer, Irrigation and Command Area Development, Hyderabad. 3 The Superintending Engineer, Irrigation and Command Area Development, Warangal. 4 The Executive Engineer, Irrigation and Command Area Development, Warangal. 5 The District Collector, Warangal. 6 The Mandal Revenue Officer, Gudur, Warangal, Warangal District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an appropriate Writ or order or direction more particularly one in the nature of Writ of mandamus directing the respondents to initiate and complete the land acquisition proceedings for payment of compensation in respect of the Lands covered by SY. No. 303, 304, 312 and 313 to an extent of Ac. 21-34 gts which are already submerged in the year 1985 situated at Thallakunta, H/o Gudur, Gudur Mandal, Warangal District by declaring the inaction of the respondents in not initiating land acquisition proceedings for payment of compensation in respect of the aforesaid lands as illegal, arbitrary and in violation of Article 300-A of the Constitution of India and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.A.PRABHAKAR RAO Counsel for the Respondent Nos.1 to 4: GP FOR IRRIGATION Counsel for the Respondent Nos.5 and 6 : GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16193 of 2007 ORDER: Petitioners seek a direction to the respondents to initiate and complete the land acquisition proceedings in respect of their lands in Sy.Nos.303, 304, 312 and 313 admeasuring Acs.21.34 guntas situated at Thallakunta H/o Gudur, Gudur Mandal in Warangal District and to pay compensation to them. It is the case of the petitioners that they are the absolute owners of the lands in question. The respondents, in order to increase storage level of Kothakuta tank situated at Thallakunta village, raised the tank bund as well as Mathadi, and thereby, the lands of the petitioners were submerged. Thereafter, petitioners made representations and also issued a legal notice dated 06.11.1990 requesting the respondent- authorities to initiate land acquisition proceedings and pay compensation to them. Pursuant thereto, the 6th respondent-Mandal Revenue Officer and the Assistant Engineer, Irrigation and Command Area Development, Gudur, made joint inspection at the tank and conducted survey. On such survey, they came to know that the lands of the petitioners were submerged and accordingly, the 6th respondent intimated the same to the 5th respondent District Collector, by his letter dated 23.12.1990. Thereafter, there was lot of correspondence among the respondents for initiation of proceedings under the Land Acquisition Act, 1894 (for short “the Act”) and also for release of funds. Now they complain that till now no action has been initiated by the respondents to initiate proceedings under the Act and pay compensation to them. Hence, they filed this writ petition seeking appropriate directions, in this regard. A counter-affidavit is filed on behalf of respondents 5 and 6 stating that after continuous correspondence by the requisition department, the 5th respondent, by his letter dated 16.07.2007, requested the 2nd respondent to release funds to a tune of Rs.22 lakhs for payment of compensation, but the funds have not yet been provided, and as a result of which, notification under Section 4(1) of the Act and draft declaration under Section 6 of the Act could not be approved. In the light of the said statement in the counter-affidavit, I deem it appropriate to dispose of the writ petition directing the 2nd respondent to release the funds in order to initiate land acquisition proceedings for acquiring the lands of the petitioners. At this juncture, the learned Assistant Government Pleader for Irrigation and Command Area Development, appearing for the 2nd respondent, has stated that the required funds are released on 05.02.2008. In the light of the stand taken by the 2nd respondent as well as the statement made by respondents 5 and 6 in their counter, respondents 5 and 6 are hereby directed to approve the land acquisition proposals and issue notification under Section 4(1) of the Act and follow the procedure contemplated under the Act for acquisition of the lands of the petitioner, as expeditiously as possible. Accordingly, the writ petition is disposed of. There shall be no order as to costs. _________ 15.04.2008 sh To 1 The Principal Secretary, Government of Andhra Pradesh, Irrigation and Command Area Development, Secretariat, Hyderabad. 2 The Chief engineer, Irrigation and Command Area Development, Hyderabad. 3 The Superintending Engineer, Irrigation and Command Area Development, Warangal. 4 The Executive Engineer, Irrigation and Command Area Development, Warangal. 5 The District Collector, Warangal. 6 The Mandal Revenue Officer, Gudur, Warangal, Warangal District. 8. Two C.Cs to 9. Two C.D copies.