THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.3175 of 2007 10th September, 2009 Between:- Dr.Rapole Keshava Rao .. Petitioner And The Special Deputy Collector-cum-L.A.O., Sripada Project, Yellampalli NTPC, And another .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.3175 of 2007 ORDER:- This Court issued rule nisi on 20-2-2007. 2. Counter affidavit had been filed. 3. Heard Sri Madhusudhan Reddy, the learned Counsel representing the writ petitioner and the learned A.G.P. for Land Acquisition representing respondents. 4. This writ petition is filed for a Writ of Mandamus i) declaring the action of the respondent No.1 in not paying the compensation to the petitioner for the land measuring Ac.16-07 gts., in Sy.No.72 of Murmura village, Ramagundam mandal, Karimnagar District as arbitrary, illegal and violative of Articles 14, 21 and 300-A of the Constitution of India; ii) to set aside the order of the respondent No.1 in D.O.Letter No.B/288/2005, dt.25-12-2005; iii) to direct the respondents to pay the compensation to the petitioner for the land acquired admeasuring Ac.16-07 gts., in Sy.No.72 of Murmura village, Ramagundam Mandal, Karimnagar District as per Award No.1/2005, Proc.No.B/16/2005, dt.13-10-2005; and pass such other suitable orders. 5. The GPA Holder of the petitioner had sworn to the affidavit filed in support of the Writ Petition. It is the case of the petitioner that late R.Venkateswara Rao, father of the petitioner, was the pattedar and possessor of the land admeasuring Ac.16-07 gts in Sy.No.72 of Murmura village, Ramagundam Mandal, Karimnagar District, being the ancestral property of the petitioner. The petitioner’s father is recorded as pattedar and possessor of the said land in the Revenue Records. Subsequent to the death of R.Venkateswara Rao, the petitioner and his brothers R.Hanumantha Rao and Vijayakara Rao, all the three became owners of the said land and are in uninterrupted possession of the same. It is also averred in para 4 that the respondents herein acquired the said land admeasuring Ac.16-07 gts., in Sy.No.72 of Murmura village, Ramagundam Mandal, Karimnagar District for the purpose of Sripada Project. The names of the petitioner and his brothers were also shown as possessors of the land in Sy.No.72 in the Nnf issued under Section 4(1) of the L.A.Act. Thus, the petitioner is entitled to receive compensation along with his brothers for the land acquired by the Government. The respondent No.1 passed Award in proceedings No.B/16/2005, dt.13-10-2005. Further it is stated that one Tirumala Rao and three others filed W.P.No.23721/2005 before this Court. It is also stated that and the said Tirumala Rao and others did not implead the petitioner as party-respondent in the said W.P.No.23721/2005. The said Writ Petition W.P.No.23721/2005 was filed for a direction to the respondents to refer the matter pertaining to apportionment of compensation under L.A.Act to the competent Civil Court under Section 30 of the L.A.Act. The petitioner in W.P.No.23721/2005 filed osno.99/2005 on the file of the Senior Civil Judge, Peddapalli for partition. There is no interim order or any injunction in favour of Tirumala Rao and others in the suit or in W.P.No.23721/2005. Further it is stated that the said suit osno.99/2005 was dismissed for default. The petitioner herein filed implead petition in W.P.No.23721/2005 as party-respondent No.3, as the petitioner and his brothers are the legitimate owners and possessors of the land in Sy.No.72 of the acquired land. It is also stated in para 6 of the affidavit filed in support of the Writ Petition that the petitioners in W.P.No.23721/2005 also filed Miscellaneous Petition to restrain the respondents from paying compensation under L.A.Act pertaining to the acquisition of land in Sy.No.72 of Murmura village during pendency of that Writ Petition. The petitioner herein filed counter affidavit in that Writ Petition also. This Court was pleased not to pass any interim order in W.P.No.23721/2005. Further it is stated that the Special Deputy Collector, Sripada Sagar Project, Yellampalli by D.O.Leter No.B/288/2005, dt.25-12-2005 informed the GPA of the petitioner that the L.A. Case pertaining to Sy.No.72 of Murmur village is pending before that Court and further action for processing the same would be taken on the basis of High Court directions and the letter of Special Deputy Collector also refers to W.P.No.23721/2005. The order of respondent No.1 dt.25-12-2005 is arbitrary and illegal inasmuch as the respondent No.1 refused to pay the compensation even though no orders are passed by this Court in W.P.No.23721/2005. The petitioner and his brothers are alone entitled for compensation for the land acquired. In such circumstances, the writ petitioner approached this Court praying for appropriate directions as already aforesaid. 6. In the counter affidavit filed on behalf of the respondents, it is stated that the Draft Notification under Section 4(1) of the Land Acquisition Act was published in the Gazette on 13-6-2005 for acquiring the land to an extent of Ac.126-15 gts. In the same notification the land in Sy.No.72 of Murmur village covering an extent of Ac.16-07 gts was also included. The publication of Sy.No.72 shown as detailed hereunder:- Sy.No. Classi- fication Nature of land Name of pattedar/Occupant Extent coming under acquisition. 72 Dry Patta 1) Rapolu Hanmantha Rao 2) Rapolu Vidyakar Rao 3) Rapolu Keshava Rao 4) Durgam Rayamallu, S/o.Lingaiah 5) Mogili Mallaiah, S/o.Pochaiah 16-07 Out of which the Award was passed for an extent of Ac.10-10 gts., vide this office Award No.1/2005 dated 13-10-2005 to the following Awardees: Sl. No. Name of the Awardee with father name/husband’s name Sy. No. Extent Cate- gory Rate per acre Amount 1. Sri Rapolu Vijayakar Rao, S/o.Venkateshwar Rao 72 4-35 C 1,40,000/- 6,82,500/- 2. Sri Durgam Lingaiah, S/o.Mallaiah 72 2-24 C 1,40,000/- 3,64,000/- 3. Smt.Mogili Mallamma, W/o.Mallaiah (late) 72 2-31 C 1,40,000/- 3,88,500/- Total 10-10 14,35,000/- It is also stated that an area of Ac.5-37 gts., was deferred for want of consent of the concerned pattedars under the provisions of the District Negotiation Committee. In the meanwhile one Tirumala Rao and others had filed Writ Petition W.P.No.23721/2005 and this respondent had already filed the counter affidavit before this Court. It is also further stated that this office vide letter No.B/288/05 dt.25-12-2005 had informed to the General Power of Attorney of the petitioner that the Land Acquisition Case pertaining to the land in Sy.No.72 of Murmur village is pending before this Court and further action for processing the same would be taken on the basis of the directions of this Court. It is also further stated that out of the land Ac.16-07 gts., notified in this case, Award was already passed for the land to an extent of 10-10 gts on 13-10-2005 leaving a balance of Ac.5-37 gts. Now the petitioner had stated that the suit in osno.99/2005 filed before the Senior Civil Judge, Peddapalli, for partition was also dismissed for default. Therefore, the petitioner is at liberty to file their claims along with the documentary evidence so as to enable this respondent to finalize the claim of the remaining lands in Sy.No.72 of Murmur village. 7. In the light of the specific stand taken in the counter affidavit in general and in para 6 in particular, this Court is of the considered opinion that the Writ Petition be disposed of directing the 1st respondent to receive the claim of the petitioner along with the other material if any which may be placed in this regard to substantiate his claim and let the 1st respondent finalize such claim in the light of the material which may be placed in this regard relating to the remaining lands in Sy.No.72 of Murmur village, within a period of six weeks from the date of receipt of this order. 8. The Writ Petition is disposed of with the aforesaid direction. No order as to costs. ____________________ Justice P.S.Narayana 10th September, 2009 smr/pn