1 APHC010550942024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28841/2024 Between: Potanaboina Sadalu and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SODUM ANVESHA Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. GP FOR IRRI AND CAD The Court made the following: ORDER: Heard Ms. Sodum Anvesha, learned counsel for the petitioners and learned Assistant Government Pleader for Irrigation and Command Area Development, appearing for the respondents. 2. Being aggrieved by the action of respondents in not considering the petitioners’ representation dated 18.09.2019, requesting to acquire their 2 respective lands submerged under Polavaram irrigation project, the instant Writ Petition has been filed. 3. It is contended that the petitioners are residents of Seetharamanagar and Burgampahad Village of Kukunur Mandal, Eluru District, possessing lands in Sy. Nos.300, 35, 29, 217 and other Khalsa areas of Eluru District (erstwhile West Godavari District). On account of the Polavaram irrigation project, these lands would be submerged. A notification was issued for acquisition of lands for the project and the subject lands were not mentioned in the said notification. However, lands around the petitioners’ lands were acquired. It is further contended that since on account of the project, these lands would be submerged and therefore sought acquisition of the subject lands. A representation was made by the petitioners on 18.09.2019 to the respondent authorities stating that their lands would submerged due to the Polavaram project’s ground-level water when the Kinnerasani project overflows and no orders have been passed on the said representation by the District Collector. 4. The learned counsel for the petitioners contends that the respondent authorities may be directed to dispose of the petitioners’ representation dated 18.09.2019. 5. The learned Assistant Government Pleader for Irrigation and Command Area Development has placed on record a copy of the instructions dated 12.01.2025 received by him in the case, which states that since there is 3 no impoundment of water in the Polavaram reservoir, it is not correct to say that the subject lands would get submerged. It is only on account of the Kinnarasani project being over flown these lands would be submerged. 6. Having regard to the contentions advanced, this Court is of the considered view that since the representation filed by the petitioners has been pending since 2019, in the interests of justice it is appropriate to direct the District Collector to dispose of the same in accordance with law after affording sufficient opportunity to the petitioners. 7. However, the petitioners shall also submit a detailed representation to the concerned District Collector within a period of two (2) weeks from the receipt of orders of this Court, and upon receiving the said representation, the District Collector shall dispose of the same in accordance with law within a period of eight (8) weeks, thereafter affording sufficient opportunity to the petitioners. 8. The Writ Petition is accordingly disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:03.02.2025 MVK 4 118 THE HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.28841 of 2024 Date:03.02.2025 MVK