HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.8085 OF 2010 ORDER: The petitioners had earlier filed W.P.No. 17630 of 2001 contending that their lands in Sy.Nos.96, 97, 100 to 104 of Guvvaldinne Village, Gattu Mandal, Mahaboobnagar District had been submerged owing to a lift irrigation system having been undertaken by the State of Andhra Pradesh to feed Yerramdoddi Tank of Guvvaladinne Village. A learned Single Judge of this Court, by order in W.P.No. 17630 of 2001 dated 03.10.2001, had directed that land acquisition proceedings be initiated and concluded on receipt of funds from the Government. Aggrieved thereby, the State filed W.A.No. 1580 of 2002 and a Division Bench of this Court, by order dated 06.07.2009, noted that the Deputy Executive Engineer, vide proceedings dated 02.07.2009, had informed that possession of the petitioners’ lands was still with them and that the same had not been submerged as the full tank level of Yerramdoddi Tank had not been raised. In view of the said statement not having been denied by the petitioners herein, the Division Bench recorded its satisfaction that the order of the learned Single Judge could not be sustained as the petitioners continued to remain in possession of their lands free from submergence. It further clarified that, in the event of the petitioners’ lands being submerged owing to the raising of full tank level of the said tank, they were at liberty to avail such remedies as were available to them in law for seeking compensation therefor. Sri K.L.N.Swamy, Learned Counsel for the petitioners, would refer to the letter dated 03.12.2009 addressed by the Executive Engineer, I&CAD, I.B.Division, Wanaparthy to the Minister for Small Scale Industries, wherein he informed that the petitioners’ lands might have been submerged due to the natural calamity of continuous heavy rains from 29.09.2009 to 03.10.2009 but not owing to the raising of full tank level of the said tank and as such acquisition of the land could not be considered. The petitioners cannot be said to have been dispossessed of their lands by the State when their lands are flooded because of natural calamities such as heavy rainfall or floods. In any event, the Division Bench had left it open to the petitioners to avail such remedies as were available to them in law “for seeking compensation”. The forum for seeking compensation is, ordinarily, before a Civil Court of competent jurisdiction and not by way of a Writ Petition under Article 226 of the Constitution of India. The Writ Petition as filed runs contrary to the orders passed by the Division Bench in W.A.No.1580 of 2002 dated 06.07.2009. The Writ Petition fails and is, accordingly, dismissed. However, in the circumstances, without costs. RAMESH RANGANATHAN, J Date:07.04.2010 Usd