THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.16984 of 2007 ORAL ORDER: The petitioner herein earlier filed W.P.No.22461 of 1998 seeking a declaration that the order passed by the Revenue Divisional Officer, Gudur, Nellore District, dated 2.07.1998, rejecting the request of the petitioner for payment of compensation for his land which is being used by public as a passage and cart track from times immemorial as arbitrary and illegal. After hearing both the parties, the said writ petition was allowed by order dated 17.03.2005 holding as under: “…When once it is established by the petitioner and not contraverted by the respondent that the petitioner is the owner of the land, and he is deprived of the said land, definitely it is hit by Article 300(A) of the Constitution as it envisages that no person shall be deprived of his property saved by authority of law. Hence this Court is of the view that the petitioner is entitled to compensation on par with others whose lands were acquired by the notification and the compensation shall be paid as per the award dated 26.2.1971.” It is not in dispute that pursuant to the said order, the petitioner was paid compensation of Rs.18,103/- on the basis of the Award No.8/76-77 dated 26.02.1977. However, claiming that the compensation so paid is grossly inadequate and not on par with the existing market value of the land in question, the petitioner made a representation dated 11.10.2006 seeking reference to the civil Court under Section 18 of the Land Acquisition Act, 1894. Though the said representation was received in the office of the 1st respondent on 16.10.2006, no further steps were taken by the respondents. Aggrieved by the said inaction on the part of the respondents, the present writ petition is filed. In the counter affidavit filed on behalf of the respondents, the fact that the petitioner made such a representation has not been disputed. However, it is contended that the compensation paid in terms of the Award dated 26.02.1977 was in accordance with law and warrants no interference. Admittedly, the representation made by the petitioner seeking reference under Section 18 of the Act is pending before the respondents. Hence, they are bound to consider the same and pass appropriate orders in accordance with law. Since they failed to do so, I deem it appropriate to issue a writ of mandamus directing the respondents to consider the representation of the petitioner dated 11.06.2006 and to pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No costs. 30.07.2008. Note: Issue CC in one week. (Bo) Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.16984 of 2007 Between: Sheik Akbar S/o.Sk.Silar, aged about 46 years, Sullurupeta, Nellore District. ..... PETITIONER AND 1 The District Collector, Nellore. 2 The Sub-Collector, Gudur Division, Gudur Town, Nellore. District. 3 The Tahsildar, Sullurupeta Taluk, Sullurupeta, Nellore 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 will be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus or any appropriate writ declaring the order of the 2nd respondent in Rc.No.A4041/98 dated 14.11.2006 in payment of compensation to the un-notified extents of 0-23 cents of land situated in S.No.45/5B 18 cents and in S.No.45/5D 0-05 cents received by the petitioner under protest, not covered by the Award No.8 of 76-77 dated 26.2.1977 as Notification/Award under L.A. dated 26.2.1971 not available as per the Revenue records, yet not paid compensation to the private land of the petitioner under the Land Purchase Scheme permissible to the respondents thereby causing monetary loss wilfully and in violation of the High Court order in W.P.No.22461 of 1998 dated 17.3.2005 and pass such other or further order. Counsel for the Petitioner: Mr. P. N. JAGANMOHAN RAO Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: