HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.19087 of 2009 Date: February 25, 2010 Between: Nakka Kannaiah, S/o. late Simhadri, Aged 70 years, Occ: Cultivation, R/o.Penugonda (M), West Godavari District, and another … Petitioners And The State of Andhra Pradesh, represented by District Collector, West Godavari District, and 3 others … Respondents Order: Petitioners herein seek a Writ of Mandamus declaring that they are entitled to 40% out of the total compensation payable to the wetlands admeasuring Ac.1.78 cents, i.e. Ac.0.68 cents in R.S.No.231/2(B) and Ac.1.10 cents in R.S.No.231/2(B) of Cherukuvada village, Pendugonda Mandal, West Godavari District. Petitioners, who are brothers, claim to be the cultivating tenants of the fourth respondent, with regard to the aforesaid lands. It is stated that when the fourth respondent was trying to dispose of the said lands, they filed A.T.C.No.21/07 on the file of Principal Junior Civil Judge, Tanuku under Sections 15 & 16 of Andhra Pradesh (Andhra Area) Tenancy Act seeking fixation of reasonable price to purchase the said lands and also permanent injunction restraining the fourth respondent from interfering with their possession, which was partly allowed, granting perpetual injunction. While so, the said lands were notified for acquisition for providing house sites to weaker sections under the housing scheme introduced by the Government. It is the case of the petitioners that in view of adjudication by the Tenancy Court to the effect that they are the cultivating tenants with regard to the subject lands; they are entitled to 40% out of the total compensation payable to the said lands. It is their grievance that in spite of getting a notice issued on their behalf, there is no response from the second respondent, Revenue Divisional Officer, Kovvur, West Godavari District, who is the Land Acqusition Officer. A perusal of the counter affidavit filed by the second respondent, Revenue Divisional Officer, Kovvur, makes it clear that no award is passed yet with regard to the subject lands and award enquiry is pending consideration. In view of the claim of the petitioners, it is for them to file a claim petition before the second respondent, with supporting material, namely, adjudication by the Tenancy Court, but even before award enquiry is completed and award is passed, this court cannot issue a Mandamus declaring that petitioners are entitled to 40% out of the total compensation or a certain quantum of compensation. In view of pendency of the award proceedings, I deem it appropriate to dispose of the writ petition permitting the petitioners to file a claim petition before the second respondent, Revenue Divisional Officer, Kovvur, within four weeks from today. On filing such claim petition, the second respondent shall consider the claim of the petitioners along with the claim of the fourth respondent, who is the owner of the subject lands, and pass an appropriate award. The award shall be passed, independently, upon the merits of the matter and taking into account the provisions of the Land Acquisition Act, 1894 and the rules made thereunder, uninfluenced by any of the observations of this court. It would be open to the petitioners to produce supporting material, in proof of their claim, before the second respondent. Subject to the above, the writ petition is disposed of. No order as to costs. ________________________ R. SUBHASH REDDY, J February 25, 2010 MRR