THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.11014 OF 2005 Date:24.02.2011 Between: K.Pedda Satyanarayana Reddy .. Petitioner And The Special Deputy Collector, Land Acquisition and Rehabilitation, Srisailam Project, Kurnool and another .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.11014 OF 2005 ORDER: The petitioners filed the instant writ petition seeking a direction to the respondents to acquire the land in Survey No.110/1A (Ac.0.78 cents) and Survey No.112 (Acs.2.65 cents) of Kothakota Village, C.Belagal Mandal, Kurnool District. The case of the petitioners is that their land in the said survey numbers has become inaccessible, uncultivable and came under submersion. The barrage was constructed across the Tungabadra River at Sunkesula Village by demolishing the old barrage constructed by Sir Arthur Cotton in 1885. They stated that by reason of construction of the bund, they were denied access to their lands and they are forced to go to their lands by climbing bund and whenever water comes from Tungabadra River, the said land will be submerged and the ingress and egress to the land is denied. Therefore, they made a representation to the second respondent seeking redressal and requesting for sending proposals to acquire their land. The second respondent filed counter affidavit. It is submitted that the petitioner is the pattedar of wet land admeasuring Acs.8.81 cents in Survey No.110/1A and Acs.2.93 cents in Survey No.112; that the land in Survey Nos.110/1A and 112 to an extent of Acs.7.75 cents and Ac.0.28 cents respectively was acquired under Award No.1 of 1998 dated 31.07.1998 for the purpose of construction barrage and possession was taken. These lands were acquired as they were coming under submersion at Full Reservoir Level (FRL (+) 292.00 metres). After conducting survey, it was found that the remaining extent of the petitioners land will not come under foreshore submersion and therefore a fresh proposal was sent for acquiring Ac.0.74 cents in Survey No.112. The other allegations are denied. The petitioner has not filed any reply affidavit denying the counter averments and therefore the case of the respondents remained unrebutted. After filing the writ petition, admittedly an extent of Ac.0.74 cents was acquired and for that there is no grievance. Insofar as the other issue whether the balance land in Survey Nos.110/1A and 112 are coming within the submersion of foreshore in the submersion as and when the water reaches FRL or whether the balance area is denied for access, are the matters which are not justifiable in a petition for judicial review. These are the matters to be enquired into by the competent authority. As the petitioners have already approached the second respondent, it would be in the interests of justice if the second respondent again conducts a survey after giving notice to the petitioners and submits a report to the District Collector to take action in accordance with law. The writ petition is accordingly disposed of. There shall be no order as to costs. ________________ (V.V.S. RAO, J) 24.02.2011 KH