HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7243 of 1999 Dated:23.01.2008 Between: Uppunuthula Bhagyalaxmi and others. …Petitioners and The Special Deputy Collector, Land Acquisition Unit, Sriramsagar Project, Hanamkonda, Warangal and others. …Respondents HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7243 of 1999 ORDER: The petitioners, who are 37 in number, are residents of Konapuram Village, Chennaraopet Mandal, Warangal District. Petitioners 1 to 9 own lands in Sarlakunta tank, Petitioners 10 to 12 own lands in Kodishelakunta tank, Petitioners 13 to 18 own lands in Ippalakunta tank, Petitioners 19 to 28 own lands in Thorrakunta tank and petitioners 29 to 37 own lands in Chinthakunta tank in the said village. They are allegedly small farmers owning land, admeasuring Ac.1.00 to Acs.5.00. They filed the instant writ petition seeking a direction to the respondents to acquire the lands, as they are getting inundated as and when Sriramsagar Project (SRSP) reaches Full Reservoir Level (FRL). It is also their case that whenever the tanks are filled up with water for irrigating the lands of ayacutdars, they are not able to cultivate the lands. A counter-affidavit is filed by the Executive Engineer, Division No.4 of G.V.C.-IV, Hanamkonda, on behalf of the respondents. It is stated that water is released in DBM-40 of SRSP during Rabi season, December 1998 to April 1999 with weekly on and off basis to irrigate the dry crops only. There are no instructions from the Government to fill up the tanks with SRSP water. But some ryot concerned drawn water from the canals illegally due to drought conditions and for cattle feeding and tried to fill up the tanks. The department filed police cases for illegal tapping of water from the canals. There are some patta lands in Shikam of Tank in addition to Government Shikam areas and cultivation is taken up whenever the Shikam gets dried up. If there are rains, the cultivation is not possible. As the Government has not given any instructions to fill up tanks with SRSP water and such an action was taken by private persons for their own benefit, the question of acquisition of lands does not arise. It is further stated that the distance between the canal and the kuntas is about one kilometer, and therefore, the prayer cannot be granted. The writ petition is filed on mere speculation. Though the counter-affidavit is filed, reply-affidavit is not filed. Therefore, it stands proved that the Government never allowed Sarlakunta tank, Kodishelakunta tank, Ippalakunta tank, Thorrakunta tank and Chinthakunta tank to be filled up and it was due to alleged illegal action of private pattadars for their own benefit. In such an event, the petitioners cannot be said to have any right. However, if the petitioners have any acceptable proof that at the behest of the irrigation department, the tanks are being filled up with the water of SRSP, they may make representation to the District Collector. On receipt of such representation, the District Collector may cause an enquiry to be made and take appropriate action to prevent the ayacutdars from filling up the water from the SRSP canal DBM-40 excavated to irrigate dry crops only. If it is found that by a method of gravitation without any human intervention, the petitioners lands are being inundated with the water of SRSP, the Collector may take necessary action for acquiring the lands. With the above observations, the Writ Petition is disposed of. No costs. ____________ (V.V.S.RAO, J) 23.01.2008 GJ