IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26295 of 2001 Between: G. Permaiah & others. … Petitioners AND The District Collector, Ranga Reddy District, Hyderabad, & others. … Respondents Counsel for the petitioners : Sri Yogesh for Sri Vijay Kumar Heroor Counsel for respondent No.3: Sri P. Radhakrishna This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26295 of 2001 ORDER:- This writ petition is ﬁled for a writ of Mandamus to direct the respondents to initiate land acquisition proceedings and pay compensation to the petitioners in respect of various survey numbers belonging to them. Heard Sri Yogesh representing Sri Vijay Kumar Heroor, learned counsel for the petitioners, Sri P. Radhakrishna for respondent No.3 and perused the record. In their aﬃdavit, the petitioners submitted that they are the owners of various extents of land under diﬀerent survey numbers mentioned in the aﬃdavit, that respondent Nos.3 and 4 raised the level of the bund of Shivasagar Water Tank of Kothrepally Village, Vikarabad Mandal, Ranga Reddy District on account of which the additional area including their lands came under submergence. The grievance of the petitioners is that despite the inundation of their lands, the respondents have not initiated any proceedings to acquire the same and they have not responded to legal notice dated 23.09.2001 got issued by them. The Municipal Commissioner of Vikarabad Nagar Panchayat ﬁled a counter-aﬃdavit in which it is inter alia stated that the erstwhile Nagar Panchayat acquired an extent of Ac.68.19 guntas in Sy.Nos.13, 15 to 18, 20, 21, 23 to 32, 34, 38, 47 and 205 of Kothrepally Village as the said lands were coming under submersion of Shivasagar Water Tank for water supply scheme in the year 1970 and that in order to ensure higher storage, respondent No.3 raised the weir up to two feet in the year 2000 and the increase in the storage capacity resulted in submergence of the area, which is already acquired and the lands of the petitioners are in no way aﬀected by the additional storage. The petitioners failed to ﬁle any material to show that their lands have come under submergence on account of increase in the height of the weir. While exercising jurisdiction under Article 226 of the Constitution of India, this Court cannot embark upon the factual dispute as to whether the lands of the petitioners have come under submergence or not. It is therefore appropriate for the petitioners to avail the common law remedy of civil suit in a Court of competent jurisdiction to claim compensation for the alleged submergence of their property under Shivasagar Water Tank. Subject to the above observations, the writ petition is dismissed. As a sequel to dismissal of the writ petition, WPMP.No.33309 of 2001 ﬁled by the petitioners for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 06.08.2008 ES