THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.17288 of 2006 July 12, 2010 Between: Ambati Jagadeeswara Reddy, S/o.Jayasankar Reddy And others … Petitioners And The Government of Andhra Pradesh, represented by its Secretary, Irrigation Department, Secretariat, Hyderabad And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.17288 of 2006 ORDER: Petitioners, who are twenty four in number, are farmers of Tollamadugu Village and Chennampalli Village of Kolimigundla Mandal in Kurnool District. They own different extents of lands in the Village. They filed the instant writ petition stating that their lands will get submerged in the water of Timmanayunipeta tank, if the weir is raised in the tank. According to them, an extent of Acs.224.00 in S.No.80 of Chennampalli Village and an extent of Acs.98.08 in S.No.177 of Thollamadugu Village were already submerged and if the weir is raised in the tank, their lands also would be submerged. Indeed it is submitted that weir has been raised to increase ayacut area under Timmanayunipeta tank. Therefore they seek a direction to respondents to acquire their lands which are allegedly come under the submergence of the tank water. The Executive Engineer–third respondent herein; filed counter affidavit stating as follows. Timmanayunipeta tank was built by Pemmasani Timma Rayudu, Governor of Gandikota, during the reign of Vijayanagara Empire. It was first Gazetted in 1886 in the manual of Kurnool District. The total ayacut area under the tank is Acs.750.00. Some of the farmers of the Village approached the Member of Parliament, Nandyal, who proposed to increase the irrigation area under the tank. Therefore, an amount of Rs.1,50,000/- was sanctioned under Member of Parliament Local Area Development Scheme 2004- 2005. When the work was taken up, Villagers objected on the plea that the lands in upper foreshore will get submerged. Therefore the Department of Irrigation has not made any temporary arrangements and the work was stopped. It is also stated that the lands in S.Nos.119 to 130 classified either as Government poramboke lands or inam lands are coming with the full tank level and that petitioners’ lands are not submerged. Therefore they cannot claim any compensation. In view of the counter averments, petitioners’ apprehension is without any basis. The counsel for petitioners submits that as weir has not been raised considering the objection of petitioners, appropriate directions may be issued to the respondents to acquire the land if weir is raised in future. In view of the above, the writ petition is disposed of, observing that if there is any proposal to raise weir in Timmanayunipeta tank, which is likely to increase full tank level and that petitioners’ lands are likely to be submerged, respondents shall take necessary under the Land Acquisition Act, 1894. As of now no relief can be granted to petitioners. The writ petition is accordingly disposed of. No costs. ________________ (V.V.S. RAO, J) July 12, 2010 YS