IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, AT HYDERABAD THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No. 30738 OF 1998 Date:07.07.2006 BETWEEN: M. Vijaya Kumar …. PETITIONER And 1. Chief Engineer, Medium Irrigation Department, Erramanzil, Hyderabad and others. …. RESPONDENTS ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the proposed impugned action of the respondents in taking possession of the lands in R.S.No.31 measuring Ac.81.41 cents situated at Borrampalem village, T. Narsapuram Mandal, W.G. District from petitioner’s possession as arbitrary and illegal and consequentially direct the respondents not to dispossess him from the lands in question. The case of the petitioner is that he is in possession and enjoyment of the lands in R.S.No.31 admeasuring Ac.81.41 cents situated in Borrampalem village, T. Narsapuram Mandal, W.G. District. The said lands are Government Zeriot single crop wet lands and are belonging to Kodanda Rama Swamyvari temple. It is stated that the said lands were given on lease by the Devasthanam, and he is in possession and enjoyment of the same as a tenant under the Devasthanam, by paying makthas regularly without any default nor delay as fixed by the Devasthanam. The Government acquired these lands along with other lands in the villages of Tadvai, Borrampalem and Mathannagudem for the purpose of construction of Errakalava Reservoir, and an award was also passed in respect of these lands and compensation amount was also apportioned between the petitioner and Devasthanam. The schedule lands were acquired for submersion in the said scheme. However, they were permitted to cultivate these lands under Errakalava Reservoir scheme by collecting usual lease amounts, until flooding occurrence. The main grievance of the petitioner is that presently he planted paddy crop in the schedule land, and if the respondents dispossess him from the said lands, he will put to irreparable loss and hardship. The second respondent filed detailed counter affidavit. At paragrap-5 of the counter affidavit, he stated as under. In reply to para-6, it is submitted that the contention of the petitioner is not correct, as the lands leased to the petitioner by the Devasthanam of Sri Kodanda Rama Swamy Temple along with the lands of other land owners are submerged and they are no more useful for cultivation. Particularly the lands of R.S.No.31 measuring Ac.81.4 acres as per records available with this office, are situated between the contour levels of + 77 M to + 78.5 against full reservoir level of + 81.05 M., when the reservoir level touches full level of + 81.05 M, there will be water to a depth of 2.5 M to 3 Metres over the R.S.No.31 of Borrampalem village. In view of this fact, the petitioner’s contention is fictitious. The contention of the petitioner that the respondents are trying to give his land i.e., the land leased from Devasthanam, to others who are having political clout, is baseless in view of the fact that the reservoir is being impounded to F.R.L, since 1988, and also due to fact that compensation for the lands acquired was paid. The statement of the petitioner that subordinates of the respondents have asked him to vacate the land is baseless. Even according to the petitioner, the lands were already submerged till full tank level. It seems that the interest of the petitioner was for that particular year only when he raised the crop. In view of the same, I am of the considered opinion that the cause in the writ petition does not survive as of now. Accordingly, the Writ Petition is closed. No order as to costs. _______________ (C.V. Ramulu, J.) 7th July, 2006 Js.