THE HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.976 OF 2009 JUDGMENT: (per the Hon'ble the Chief Justice Sri Anil R. Dave) Being aggrieved by order dt.8.4.2009 passed in Writ Petition No.23191 of 2008, the original petitioners have filed this appeal. The learned Advocate appearing for the appellants has submitted that respondent No.1 – Collector, Krishna District did not give due opportunity to the appellants - petitioners to represent their case and had come to the conlcusion, which is not correct. It has been, therefore, submitted that the conclusion arrived at by respondent No.1 - Collector should not have been relied upon by the learned Single Judge. We have heard the learned Advocates and have gone through the impugned order as well as the order of the Collector dt.10.6.2008. In our opinion, the Collector had considered all relevant factors and had come to the conclusion that the tank in question was being used for the purpose of irrigation since 1867. In our opinion, disputed questions of fact were involved in the petition. The learned Single Judge has rightly observed that it would not be open to the original petitioners to challenge the validity of the order passed by the Collector. We do not find any illegality in the order passed by the learned Single Judge. It is needless to say that it is open to the appellants to challenge the validity of the order passed by the Collector. The appeal stands dismissed with no order as to costs. ANIL R. DAVE, CJ 03.8.2009 C.V. NAGARJUNA REDDY, J