HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.20571 of 2010 ORDER: 1. This Writ Petition is filed for a Mandamus to declare the inaction of the respondents in considering the request of the petitioners to include their lands under the ayacut of Tungabhadra project as per the directions of this Court in Writ Petition No.13334 of 2004, dated 29.07.2004, as illegal, unjust and unconstitutional. 2. The brief facts of the case that are necessary for disposal of the Writ Petition may be as follows: - The petitioners are owners of small extents of lands in Santhekudlur Village and are living by doing cultivation. It is stated that surrounding their lands, there is Tungabhadra Project Lower Level Canal and due to the said canal, their lands are being affected with seepage water and hence, they are not able to cultivate their lands. As such, they made several representations to the respondents to include their lands in the ayacut of Tungabhadra Project, but as the same were not considered, they filed Writ Petition No.13334 of 2004, which was disposed of by this Court on 29.07.2004, directing the respondents to consider the representations of the petitioners and to pass appropriate orders within six weeks from the date of receipt of copy of that order and intimate the same to the petitioners. The respondents have not considered their representations as per the orders of this Court. Aggrieved by the said inaction on the part of the respondents, the present Writ Petition is filed. 3. Heard both sides. 4. Learned counsel for the petitioners contended that in spite of the directions of this Court to the respondents to consider the representations of the petitioners to include their lands in the ayacut of Tungabhadra Project, the respondents have not considered the same and hence, prays to issue directions to the respondents, as prayed for in the writ petition. 5. Learned Assistant Government Pleader for Revenue appearing for respondent No.1 contended that respondent No.1 has to take appropriate decision, in accordance with law, whether to include or not the lands of the petitioners in the ayacut of Tungabhadra project and fairly conceded to dispose of the writ petition by directing respondent No.1 to pass appropriate orders. 6. The factual matrix of the case is not in dispute. In spite of making representations to respondent No.1 by the petitioners to bring their lands in the ayacut of Tungabhadra project, and also this Court directing the respondents to consider the said representations of the petitioners and pass appropriate orders, the same has not been done so far. Aggrieved by the same, the present writ petition is filed. 7. In Writ Petition No.13334 of 2004, this Court by order, dated 29.07.2004, directed respondent No.1 to consider the representations of the petitioners and pass appropriate orders within a period of six weeks from the date of receipt of that order. However, in view of the fact that representations were made by the petitioners long back i.e., in the year 2004, it is appropriate to direct the petitioners to give a fresh representation to respondent No.1 within a period of four weeks from today and after receipt of the same, respondent No.1 shall take appropriate decision whether to include the petitioners’ lands under the ayacut of Tungabhadra project or not in accordance with law within a period of six weeks therefrom. 9. Subject to the above directions, the Writ Petition is disposed of. There shall be no order as to costs. ____________________ JUSTICE K.C.BHANU 08th November 2011 DR