IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO : 1213 of 2000 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 15/03/2000 in WP NO : 23076 OF 1999 on the file of the High Court.) Between: 1 S. Venkat Reddy S/o Ram Reddy R/o Kotapadu (V) Suryapet (M), Nalgonda Dist. 2 Lenkala Yasodamma W/o Linga Reddy R/o Paevela (V), Chandur (M), Nalgonda Dist. .... APPELLANTS AND 1 Govt. of A.P. Revenue Secretary (Land Acquisition) Secretariat, Hyderabad 2 A.P. Transmission Corpn. Ltd., Managing Director (formely A.P. State Electricity Board), Vidyuth Soudha, Hyderabad 3 Executive Engineer Tower Lines Constructions (TLC Ringmains Division), Mint Comound, Hyderabad ....RESPONDENTS Counsel for the Appellant: MR.M.RATNA REDDY Counsel for the Respondent: MR.K.N.JWALA The Division Bench of this Court made the following Judgment: THE HON’BLE SMT. JUSTICE T. MEENA KUMARI AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN *** WRIT APPEAL NO. 1 2 1 3 OF 2000 J U D G M E N T : {Per the Hon’ble Smt.Justice T.Meena Kumari} The writ appeal is filed aggrieved of the order dated 15-3-2000 in WP.No.23076 of 1999 passed by the learned single Judge of this Court. 2. The appellants have questioned the action of the respondents in installing towers to have High Tension Electricity Lines in the plot of land admeasuring 1936 sq.yards in survey no.1512 situate at Arzalabai, Pangal village, Nalgonda Rural Mandal of Nalgonda district on the ground that the respondents have acquired the land without following the provisions of the Land Acquisition Act or any other enabling statute before installing the towers. 3. The facts of the case are that the petitioners are the owners of the subject land is that the respondent authorities while constructing towers to have High Tension Electricity Lines made use of the land of the petitioners comprised in survey no.1512 situated at Arzalabai, Pangal village, Nalgonda Rural Mandal, Nalgonda district totalling 1936 sq.yards and, therefore, the petitioners are entitled to compensation. It is complained that the above extent of land owned by the petitioners was used by the respondent authorities highhandedly and without acquiring the same either under the provisions of the Land Acquisition Act or any other statute. 4. On the other hand, the respondent-authorities stated in the counter-affidavit that only 0-33 sq.mts., of land was used. The respondent-authorities have denied the claim of acquiring 1936 sq.yards of land of the petitioners. 5. On the basis of the rival contentions of the parties, the learned single Judge of this court while dismissing WP.No.23076 of 1999 passed an order dated 14-3-2000 and observed that without deciding the disputed questions, the court cannot issue a direction to the state to acquire the land and therefore, appropriate course for the petitioners to seek legal remedy is to approach the jurisdictional civil court for grant of private law review remedies such as declaration and damages, to suit their case. 6. Questioning the same, the present writ appeal is filed. 7. Heard the counsel for the petitioners and the learned standing counsel for the respondents. 8.