IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1599 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 14/07/2006 in WP NO : 13611 OF 2000 on the file of the High Court.) Between: 1 Kaki Rajagopal Reddy, S/o Seshi Reddy, R/o Malinenipatnam Village, Atloor Mandal, Cuddapah District. 2 Kaki Subbamma, W/o Rami Reddy, R/o Malinenipatnam Village, Atloor Mandal, Cuddapah District. ..... APPELLANTS AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation & CAD Department, Secretariat, Hyderabad. 2 The Chief Engineer, Telugu Ganga Project, Srikalahasthi, Chittoor District. 3 Special Collector, Telugu Ganga Project, Nellore, Nellore District. 4 Executive Engineer, Somasila Project, Atmakur, Nellore District. 5 Special Deputy Collector, Somasila Project, Unit-IV, Rajampet, Cuddapah District. .....RESPONDENTS Counsel for the Appellant:MR.P.SRIDHAR REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari ) Aggrieved by the order, dated 14.07.2006 made in WP No.13611 of 2000 by a learned Single Judge of this court negativing the relief claimed observing that since the lands and the villages have already submerged in Somasila Project and nothing remains for verification as to the nature and structure of the well and other structures, purported to have been raised in the lands in Sy. Nos. 408/2, 411/1 and 411/4, the writ petitioners preferred this Appeal. It is case of the appellants that their lands in Sy. Nos. 408/2, 411/1 and 411/4 of Malinenipatnam village, Atloor Mandal, Cuddapah District were submerged under Somasila Project, but no compensation was paid for the structures including well that existed in the lands. It is also their case that compensation was paid in respect of similarly situated owners of the lands in Sy. Nos. 339/1 and 339/2, on their representation. The learned Single Judge did not find favour with the writ petitioners and closed the writ petition observing that since the lands and villages have already submerged in Somasila Project, nothing remains for verification as to the existence of structures and well and as such it is difficult to pass any orders in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India. Aggrieved thereby, the present writ appeal is filed by the writ petitioners. It is the contention of the learned counsel for the appellants that though the lands were included in the award, but no compensation was paid for the structures that were submerged. He further contended the owners of Sy. Nos. 339/1 and 339/2, to whom no compensation was paid for the structures earlier, their representation was considered by the respondents and compensation was also paid and, therefore, sought for a similar direction in respect of the appellants also. Having regard to the submission that the owners of Sy. Nos.339/1 and 339/2, who according to the appellants are similarly situated to that of the appellants, we leave it open to the appellants to approach the Respondent No. 5, with the available evidence in respect of the existence of structures, as on the date of notification, in respect of the lands in Sy. Nos. 408/2, 411/1 and 411/4 of Malinenipatnam village, Atloor Mandal, Cuddapah District and in such an event, the respondent No.5 is directed to dispose of such representation and pass appropriate orders in accordance with law. The Writ Appeal is accordingly disposed of. No order as to costs. ____________________ Justice T. Meena Kumari _________________________ Justice C.V.Nagarjuna Reddy January 29, 2009 MAS