IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.8904 of 2001 Between: 1 S.Thimma Reddy, S/o Thippa Reddy, R/o B.Veerpuram, Itikyal Mandal, Mahoobnagar District. 2 Sanjeeva Naidu, S/o Veera Naidu R/o B.Veerpuram, Itikyal Mandal, Mahoobnagar District. ..... PETITIONERS AND 1 Government of A.P., Rep. by its Principal Secrtary, Irrigation Department Secretariat, Hyderabad. 2 Government A.P., Rep. by its Secretary Revenue Department, Secretariat, Hyderabad. 3 The Special Collector for Land Acquisition (Srisailam Projec Collector's Office Complex, Kurnool. 4 District Collector, Mahaboobnagar. 5 Chief Engineer, Land Acquisition Srisailam Project, Kurnool. 6 Reveneu Divisional Officer & Asst Collector, Gadwal Mahaboobnagar District. 7 Mandal Revenue Officer, Itikyal Mandal, Itikyal Mahaboobnagar District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaing the action of the 1st Respondent in issuing the impugned Memo.No.78834/SCM-3/97-7, dt: 18-8-2000 as arbitrary, illegal, violative of Article 21 and 300-A of constitution of India and set aside the same since the same is in gross violation of principles of natural justice and further direct the authorities to initiate proceedings under Land Acquisition Act Counsel for the Petitioner:MR.A.NARASIMHA REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following: Form-NIC-OGS/WP{MSKM} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.8904 of 2001 ORDER: The petitioners are the residents of B.Veerapuram village, Itikyal Mandal, Mehabubnagar District. They stated that their lands were acquired for the construction of Srisailam Project, but their houses were not acquired on the ground that the village is just a few yards away from the edge of the water level of Srisailam Reservoir. It is stated that every year as and when the Srisailam Reservoir is ﬁlled up, the backwater is ﬂowing into the village of the petitioners and their houses are inundating, causing much impossible to live in their houses. It is stated that due to ﬂowing of backwater into the village, the snakes, crocodiles and other poisonous animals are entering into the their houses and number of people have passed away. In the circumstances, the petitioners and others ﬁled W.P.28009/1997 which was disposed of by this Court on 27.06.2000 permitting them to ﬁle a representation before the Government and the Government is directed to consider their representation. But the said representation was erroneously rejected by the Government vide its memo dated 18.08.2000. The petitioners question the said memo on the ground that the case of the petitioners has not been considered properly. A counter has been ﬁled stating that the full water level of the Srisailam Tank is 885 feet and the acquisition limit is 889 feet. It is stated that when the reservoir is ﬁlled up to the full reservoir level, the water level does not go beyond 885 feet. A “Free board” of 4 ft. has been provided for acquisition of the houses. The acquisition limit is 885 plus 4 feet i.e. 889 feet. But whereas the said B.Veerapuram village is situated in between the contours of 890 and 894 feet and as the village is above the full reservoir level and no backwater from the reservoir affecting the village, the village has not been acquired. It is further stated that pursuant to the orders of this Court, the representation of the petitioners has been considered and rejected. With regard to entering of the backwater of the reservoir in the village is concerned, it is stated that as per the report only at one time i.e. in the year 1998 due to heavy ﬂoods occurred in the vaguest adjacent areas, the ﬂood water entered into the village, but not backwater of the Srisailam reservoir. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the disputed questions of facts cannot be decided in this writ petition. But, however, as and when if really the backwater is entered into the village when the Srisailam Reservoir is ﬁlled up, it is open for the petitioners to issue a notice to the Government and ﬁle a civil suit before the Civil Court claiming compensation in appropriate proceedings. With the above observations, the Writ Petition is dismissed. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 05.08.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Government of A.P., Rep. by its Principal Secrtary, Irrigation Department Secretariat, Hyderabad. 2 Government A.P., Rep. by its Secretary Revenue Department, Secretariat, Hyderabad. 3 The Special Collector for Land Acquisition (Srisailam Projec Collector's Office Complex, Kurnool. 4 District Collector, Mahaboobnagar. 5 Chief Engineer, Land Acquisition Srisailam Project, Kurnool. 6 Reveneu Divisional Officer & Asst Collector, Gadwal Mahaboobnagar District. 7 Mandal Revenue Officer, Itikyal Mandal, Itikyal Mahaboobnagar District. 8 2. 2CCs to 9. 2CD copies