IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23245 of 2002 Between: Pallamreddy Koteswara Reddy S/o. Late Venkataswamy Reddy R/o. Ramakuru Village, Rapur Mandal, Nellore District. ..... PETITIONER AND 1 Governmnet of Andhra Pradesh, Rep.by its Principal Secretary, Irrigation Department, Secretariat Buildings, at Hyderabad. 2 The Special Collector, Telugu Ganga Project, Nellore, Nellore District. 3 The Chief Engineer, Telugu Ganga Project Srikalasasti, Chittoor District. .....RESPONDENT(S) 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 to issue an appropriate writ order or direction, preferably one in the nature of Writ of mandamus declaring the action of the respondnets in not considering the representation of the petitioner dated29-9-2002 to acquire the lands covered Survey Nos. 3/2, 4/4 and 5/4 to an extent of Ac. 6-17 cents AC.5-20 cents and Ac. 0.40 cents repectively of penubarthy Gopasamudram Village, Rapur mandal, Nellore District which have become inaccessible and uncultivable on accounts of denlal of irrigation facilities consequent upon the acquisition of entire village inclding the lands surrounding the above said lands for the purpose of foreshore submersion of Kandaleru Reservoir to Telugu Ganga Project as arbitrary as illegal, discriminatory contrary to law and violate of Art 300-A and 21 of the constitution of India, and consequently directthe respondnets herein to acquire the said lands of the petitioner and pay compensation to the petitioner forthwith; and pass Counsel for the Petitioner:MR.P.CHANDRA SEKHAR REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.23245 of 2002 ORDER: The petitioner is the owner of Ac.11-77 cents of land in Survey Nos.3/2,4/4 and 5/4 of Penubarthy Gopasamudram village, Rapur Mandal of Nellore District. The entire village of Penubarthy which is in immediate neighbourhood of Kandaleru was acquired for the purpose of expansion of Kandeleru Reservoir under Telugu Ganga Project. The petitioner states that his lands became inaccessible on account of construction of reservoir and his representation made on 29.9.2002 for acquisition of lands is not being acted upon. The petitioner contends that he stands on the same footing as the petitioners in W.P.15874 of 1992 and similar treatment is not accorded to him. The third respondent filed a counter affidavit. It is stated that the Full Reservoir Level (FRL) of Kandaleru is +85.00M contour level and the lands of the petitioner are below that level. They admit that the lands adjacent to the lands of the petitioner were submerged. The respondent states that a new approach has been laid by the Government to access the lands of the petitioner. They admit that the lands, which are the subject matter of W.P.No.15874 of 1992 were acquired. However, they seek to differentiate the lands of the petitioner. Heard the learned counsel for the petitioner and the learned Government Pleader for Irrigation. The petitioner has faced a typical situation on account of the construction of a big reservoir under Telugu Ganga Project. In his immediate neighourhood, the entire village was acquired. The lands of the petitioner are said to have assumed the shape of almost an Inland. Owners of part of such lands have approached this court by filing W.P.No.15874 of 1992. This court directed the Chief Engineer, Telugu Ganga Project, -the third respondent herein to examine the matter. In the counter affidavit, it is stated that the direction was complied with and that the lands of the petitioners therein have since been acquired. If the petitioner stands on the same footing, there is no reason why he is not extended the same benefit. The representation made by the petitioner on 29-9-2002 in this regard deserves close examination and immediate action. Hence, the writ petition is allowed and the respondents are directed to examine the representation dated 29.9.2002 submitted by the petitioner with reference to location and other factors in relation to the lands that are the subject matter in W.P.No.15874 of 1992 and take necessary steps within a period of three months from the date of this order. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J 26.12.2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KMR}