IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 19863 of 2002 Between: 1 Mamindla Butchaiah, S/o. Ramulu, residents of Tippapuram Village, Anantharam post, Illanthukunta Mandal, Karimnagar District. 2 Mamindla Mallaiah s/o Narasaiah residents of Tippapuram village, Anantharam post, Illanthukunta Mandal, Karimnagar District. 3 Kummaraboyana Illaiah s/o Ramaiah residents of Tippapuram village, Anantharam post, Illanthukunta Mandal, Karimnagar District. 4 Mamindla Ramaswamy s/o Ramulu residents of Tippapuram village, Anantharam post, Illanthukunta Mandal, Karimnagar District. 5 Mamindla Bhoomaiah s/o Ramanarosu residents of Tippapuram village, Anantharam post, Illanthukunta Mandal, Karimnagar District. 6 Tipparaboyana Rajaiah S/o. Sayabu residents of Tippapuram village, Anantharam post, Illanthukunta Mandal, Karimnagar District. 7 Kalakuntla Laxminarasaiah S/o. Lingaiah residents of Tippapuram village, Anantharam post, Illanthukunta Mandal, Karimnagar District. 8 Mamindla Ramaiah S/o. Narasaiah residents of Tippapuram village, Anantharam post, Illanthukunta Mandal, Karimnagar District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Karimnagar, Karimnagar District. 3 The Revenue Divisional Officer, Sircilla Division, Karimnagar District. 4 The Mandal Revenue Officer, Illanthukunta Mandal, Karimnagar 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 may be pleased to issue a Writ, Direction or order more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not acquiring the petitioners property under from the Land Acquisition Act, which was submerged under the check dam to an extent of Annexure-I (stated in the aﬃdavit and material papers) Ac.10.14 guntas of Tippapur village, Anantharam Post, Illanthukunta Mandal, Karimnagar District, as arbitrary, illegal, ultravirus, Colorable exercise of powers and also against to the principles of natural justice and also against to the Articles 14, 19 and 300-A of Constitution of India, And consequently direct the respondents to pay compensation to the petitioners under the Land Acquisition Act with all other appropriate reliefs such as interest and solatium etc., from the date of the acquisition and pass such other order or orders. Counsel for the Petitioners:SRI CHALLA GUNA RANJAN FOR MR.C.KODANDA RAM. Counsel for the Respondents: AGP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.19863 of 2002 ORDER: This writ petition is ﬁled for a Writ of Mandamus to declare the action of the respondents in not acquiring the lands of the petitioners admeasuring Ac.10.14 gts. of Tippapur village, Illanthukunta Mandal, Karimnagar District, under the Land Acquisition Act, 1894 (for short ‘the Act’), as illegal and arbitrary. 2. Heard Sri Challa Guna Ranjan, learned counsel representing Sri C.Kodandaram, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition and perused the record. 3. In the aﬃdavit, the petitioners averred that they are the owners of the above mentioned land to an extent of Ac.10.14 gts. comprised in Sy.Nos.107 to 112 and Sy.No.222 of Tippapur Village, that Government constructed a check dam over the petitioners’ lands to a length of 400 yards (1200 feet) and a height of 14 yards (40 feet) and that on account of the said construction, the petitioners’ lands got submerged. They further averred that though they made numerous applications to the respondents, no action was taken, and that ﬁnally, respondent No.4 conducted panchanama through the Mandal Surveyor vide proceedings No.B/789/2001, dated 24.11.2001, which reveals that the petitioners’ lands were submerged under the check dam. The petitioners also pleaded that they got a legal notice issued on 06.08.2002 to respondent Nos.2 to 4, in response to which respondent No.2 issued proceedings, dated 18.08.2002, addressed to respondent No.3, wherein he directed him to send a detailed report urgently through respondent No.3-Revenue Divisional Oﬃcer, Sircilla, to take further action. The grievance of the petitioners is that no further action was taken thereafter. 4. In the counter aﬃdavit ﬁled by respondent No.4, he has merely stated that the Forest Department constructed the said check dam and that, since no requisition has been sent by the said department to the Land Acquisition Oﬃcer, proposals for acquisition of the lands of the petitioners have not been initiated. 5. From a perusal of the record, it is evident that, in response to the legal notice got issued by the petitioners, respondent No.2 addressed respondent No.4 to send a detailed report urgently through respondent No.3 to enable his oﬃce to take further action. Regrettably, respondent No.4 has not adverted to the averment relating to this communication and the action taken by his oﬃce to comply with the direction given by respondent No.2. The claim of the petitioners that their lands have got submerged under the check dam has so far not been controverted by any of the respondents either in their correspondence or in this writ petition. Therefore, prima facie, their plea is required to be accepted. However, in the absence of a speciﬁc ﬁnding in this regard after a thorough physical veriﬁcation of the lands, no positive direction for acquisition of the lands of the petitioners can be given by this Court at this stage. 6. The writ petition is, accordingly, disposed of, with a direction to respondent No.2 to examine the claim of the petitioners and if he ﬁnds, after holding necessary enquiry, that the petitioners’ lands are getting submerged under the check dam, he shall initiate proceedings under the Act for acquiring the lands of the petitioners and pay compensation in respect thereof. Respondent No.2 shall complete this exercise within a period of three months from today. _______________________ C.V.NAGARJUNA REDDY,J 27.08.2008 v v