IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 1546 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 25/02/2008 in WP NO : 8442 OF 2001 on the file of the High Court.) Between: 1 The Superintending Engineer, Water Development (Supply) Main, Circle, Khairthabad, Hyderabad. 2 The Executive Engineer, Water Supply, Maintenance Division No.8, Patancheru, Medak District. 3 . 4 . 5 . ..... APPELLANT(S) AND 1 M.Shiva Reddy, S/o.Papi Reddy, R/o.Isojipet Village, Pulkal Mandal, Andole Taluq, Medak District. 2 Ch.Dasharatha Reddy, S/o.Ananth Reddy, R/o.Isojipet Village, Pulkal Mandal, Andole Taluq, Medak District. 3 P.Suvarna, W/o.Ananth Reddy, R/o.Isojipet Village, Pulkal Mandal, Andole Taluq, Medak District. 4 B.Chandra Reddy, S/o.Sanga Reddy, R/o.Isojipet Village, Pulkal Mandal, Andole Taluq, Medak District. 5 P.Kista Reddy, S/o.Narayana Reddy, R/o.Isojipet Village, Pulkal Mandal, Andole Taluq, Medak District. 6 The Government of Andhra Pradesh, rep. By its Secretary to Government Municipal Admn. & Public Health & Urban Development, Secretariat at Hyderabad. 7 The District Collector, Medak District at Sanga Reddy. 8 The Special Deputy Collector, Land Acquisition, Majira Project, Phase-III, Sangareddy. .....RESPONDENT(S) Counsel for the Appellant:MR.N.RAJESWAR RAO Counsel for the Respondent No.: MR.PASHAM.KRISHNA REDDY The Court made the following : JUDGMENT: (Per Sri Anil R. Dave, CJ) Being aggrieved by the order dated 25-2-2008 passed in W.P.No. 8442 of 2001, this appeal has been filed. Learned standing counsel appearing for the appellants-Board has submitted that the land, which is the subject matter of the appeal is now not required to be acquired as it is not going to be submerged due to Manjira reservoir. We do not agree with the said submission for the reason that in the impugned judgment, the learned single Judge has quoted the judgment delivered in W.P.No. 19009 of 1994. It clearly reveals that at the relevant time, the survey numbers, which are subject matter of the appeal were covered by submergence on account of Manjeera project. The judgment delivered in W.P.No. 19009 of 1994 was not challenged by the Government authorities and, therefore, the same has become final. Learned standing counsel appearing for the appellants-Board cannot be permitted to change his stand at this juncture and say that the land is not covered by submergence, especially when it has been impliedly submitted that at times the said lands cannot be cultivated due to submergence. In our opinion, no justifiable reason has been submitted by the learned Government Pleader for quashing and setting aside the order passed by the learned single Judge. The petition therefore, stands dismissed with no order as to costs. Learned Advocate for the appellants-Board has prayed for some time for compliance of the order passed by the learned single Judge. Three months time from today is granted for the purpose of complying with the order of the learned single Judge. _____________________ ANIL R. DAVE, CJ _________________________ R. SUBHASH REDDY, J 3rd December,2008. GRR