HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.15437 of 2011 Date: 15.11.2011 Between: Chukka Srinivasulu and ten others. ..... Petitioners AND The Special Deputy Collector, (LA). Rajampet, Y.S.R.District and Another. .....Respondents Counsel for the Petitioners: Ms S.Parimeeta For Sri V.R.Reddy Kovvuri Counsel for the Respondents: GP for Land Acquisition The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the inaction of the respondents in paying compensation for residential houses in Survey Nos.65/2, 64/1-C, 64/3, 64/3-B, 129/6, 128/10, 128/11, 128/1, 129/2, 129/3 and 129/8 of Timmarajupalli Village, Nandalur Mandal, Y.S.R.District, submerged in Somasila backwater as illegal, arbitrary and unconstitutional. The petitioners sought for a consequential direction to the respondents to fix compensation for the residential houses. The petitioners are assignees of lands which got submerged in Somasila backwater. They have pleaded that the respondents have fixed exgratia only in respect of the lands and they have failed to determine and pay compensation in respect of the residential houses which existed over the lands. The petitioners got a legal notice issued on 12.03.2011 calling upon the respondents to fix compensation for the residential houses. Absence of response to the said notice has made the petitioners to file the present Writ Petition. A counter-affidavit is filed by respondent No.1 wherein it is inter alia stated that the lands which were in possession of the petitioners and got submerged in Somasila backwater were assigned to the petitioners; that on the date of inspection of the lands, there were no houses and therefore, exgratia was fixed and paid only for the lands and trees. It is further stated that the adangal extract filed by the petitioners is fake and fabricated one and that the petitioners have received exgratia amount without any protest. In support of their plea that the adangal extract filed by the petitioners is fake and fabricated, the respondents have filed statement of one Sri Madarasu Suryanarayana, Son of Veeraraghavulu, Village Revenue Officer, Pothappi and Thimmarajupalli cluster villages of Nandalur Mandal, Kadapa District, wherein it is stated that the petitioners have approached him in the year 2010 for issuance of adangal relating to the lands in question and when he refused to give adangal showing existence of structures, the petitioners have brought political pressure on him and got the adangal issued. He further stated that he has inspected the lands in the year 2010 and there were some newly constructed structures existing on ground; that after sanction of exgratia, the petitioners have raised structures in the year 2009 over the DKT lands which were assigned for agricultural purpose only, with an ulterior motive to get wrongful compensation from the Government. Even though time was taken, no reply-affidavit is filed controverting the averments contained in the counter- affidavit. From the facts noted above, it is clear that seriously disputed question of fact relating to existence of structures is involved in the case. The only piece of evidence showing existence of structures is a copy of adangal. The Village Revenue Officer who issued the said adangal has made a statement stating that he was forced to issue such adangal showing existence of structures. In the face of this disputed question of fact, it is neither possible nor appropriate for this Court to render any conclusive finding on the petitioners’ entitlement for compensation for the purported structures. The only appropriate remedy for the petitioners is to approach the competent civil Court which can appreciate the evidence to be adduced by both the parties and render a finding on this disputed question of fact. For the above-mentioned reasons, the Writ Petition is dismissed with liberty to the petitioners to avail the remedy of a civil suit. As a sequel to dismissal of the Writ Petition, W.P.M.P.No.18510 of 2011 filed by the petitioners for interim relief is dismissed as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 15th November 2011 DR