IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 22842 of 2002 Between: 1 Ambala Swamy, S/o. of Narasaiah, R/o. Karkapalli, Ghanpur (Mulug) Mandal, Warangal District. 2 Kalikuta Veeraswamy, S/o. Veeraiah, R/o. Bagirtipeta village, Mandal Regonda, Warangal District. 3 Mota Pothula Ramesh, S/o. Mallaiah, R/o. Mailaram village, Ghanpur (Mulug) Mandal, Warangal District. 4 Chelmandla Bhadraiah, S/o. Narasaiah, R/o. Bagirtipeta village, Mandal Regonda,Warangal District. 5 Chelkani Yadaiah, S/o. Narasaiah, R/o. Karkapalli, Ghanput (Mulug) Mandal, Warangal District. 6 Gorre Narasimha Swamy, S/o. Veeraiah, R/o. Mailaram village, Ghanput (Mulug) Mandal, Warangal District. 7 Gorre Yellaiah, S/o. Veeraiah, R/o. Mailaram village, Ghanpur (Mulug) Mandal, Warangal District. 8 Edalla Venkat Reddy, S/o. Papi Reddy, R/o. Regonda village and Mandal, Warangal District. 9 Gottam Niranjanamma, W/o. Narayana Reddy, R/o. Oddulakshma Reddy palli, Warangal District. 10 Mulu Rajamma, W/o. Kumaraswamy, R/o. Karkapalli, Ghanpur (Mulug), Warangal District. 11 Anagani Mallaliah, S/o. Mallaiah, R/o. Karkapalli, Ghanpur (Mulug), Warangal District. 12 Eendla Pochaiah, S/o. Ankus, R/o. Madathapalli villate, Chityal Mandal, Warangal District. 13 Koyada Ankusu, S/o. Komuraiah, R/o. Madathapalli village, Chityal Mandal, Warangal District. 14 Gottam Ramachandra Reddy, S/o. Narayana Reddy, R/o. Oddulakshma Reddy palli, Warangal District. 15 Gottam Vijayasen Reddy, R/o. Oddulakshma Reddy palli, Warangal District. 16 Halothu Laxmi, W/o. Nomula Naik, R/o. Mailaram village, Ghanpur (Mulug) Mandal, Warangal Dist. 17 Thirunaharihalty Bayamma, W/o. Laxminarasaiah, R/o. Ghanpuram, Warangal District. 18 Mogili Illaiah, S/o. Rajaiah, R/o. Oddulakshma Reddy palli, Warangal District. 19 Bura Cheralu, S/o. Chandraiah, R/o. Mailaram, Ghanpur (Mulug) Mandal, Warangal District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep.by its Secretary, Revenue Department, Secretariat, Secretariat Buildings, Saifabad, Hyderabad. 2 The District Collector, Warangal District at Subedari, Hanamkonda, Warangal town & Dist. 3 Revenue Divisional Officer/Land Acquisition Officer, Mulug Revenue Division, Mulug, Warangal Dist. 4 The Executive Engineer, I & CAD Department, Irrigation Division, Mulug, Warangal District. ...RESPONDENTS Counsel for the Petitioners:MR.B.NARAYANA REDDY Counsel for respondents 1 to 3: AGP FOR LAND ACQUISITION Counsel for respondent No.4: AGP FOR IRRIGATION The Court made the following : O R D E R: This writ petition is ﬁled for a writ of Mandamus to declare the action of the respondents in not initiating land acquisition proceedings for the lands situated in Survey Nos.630 to 637 and 640 to 651 admeasuring Acs.46.26 gts situated in Karkapalli Village, Ghanpur (Mulug) Mandal submerged into Sabbidikunta Tank, Karkapalli Village, Ghanpur (Mulug) Mandal and in not paying the compensation to the petitioners as illegal and arbitrary. There is a controversy as to whether the lands in respect of which the petitioners have claimed relief in this writ petition are ordinary patta lands or submergible under tank during rainy season facilitating their cultivation during non-rainy season. Since this dispute is required to be adjudicated on the basis of the evidence to be adduced by both the parties, after arguing the case for sometime, Sri B.Narayana Reddy, learned counsel for the petitioners, sought for permission of the Court to withdraw the writ petition with liberty to the petitioners to ﬁe a civil suit claiming appropriate relief. The request of the learned counsel is accepted and the writ petition is dismissed as withdrawn with liberty in terms of the prayer made. C.V.NAGARJUNA REDDY, J Dated 6th November, 2008 vrn