IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.14991 of 2008 BETWEEN Habeeb Saheb and others. ... PETITIONERS AND Govt. of Andhra Pradesh, rep. by its Secretary, Social Welfare Department, Secretariat, Hyderabad and others. ...RESPONDENTS Counsel for the Petitioners: MRS. NARGIS AFSHAN KHAN Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following order: ORDER: In this writ petition, petitioners seek directions by way of Mandamus to declare the inaction of the respondents in finalizing the award proceedings and paying compensation in respect of their lands as illegal and arbitrary. 2. From the affidavit filed in support of the writ petition the only grievance of the petitioners is that their land was acquired and award was passed, which was subject matter of challenge before this Court in W.P.No.10102 of 2004 and that in spite of directions in the said writ petition the respondents failed to pass a fresh award and fix the correct market value of the land. 3. A detailed counter is filed by the respondents stating that the respondents initiated land acquisition proceedings to acquire land to provide house sites to needy persons in Yemmiganur Town of Kurnool District. As per the policy of the Government and on instructions by the District Collector, the Revenue Divisional Officer, Adoni selected suitable land totally admeasuring Ac.73.69 cents in Sy.Nos.17A1A, 17A1B, 64/A and 66/B. For the purpose of convenience the entire land was divided into two blocks i.e. one block of Ac.41.88 cents and another block of Ac.31.81 cents. Ac.31.81 cents is covered by Sy.No.64/A, 66/B etc., which belong to 15 landowners. In the said piece of land the petitioners also own an extent of Ac.2.67 cents in Sy.No.64/A and Ac.2.84 cents in Sy.No.66/B. At first instance, the award was passed on 27.10.2004 and 80% of the compensation was paid and without receiving the balance 20% compensation, the petitioners approached this Court in W.P.No.10102 of 2004 questioning the award dated 27.10.2004 and the said writ petition was allowed with a direction to pass fresh award. Pursuant to the directions in the said writ petition, it is stated that further award is passed on 04.02.2006 and out of the aforesaid 15 landowners 13 owners have already received the remaining 20% compensation also. It is sated that the petitioners have refused to receive the notices issued under Section 12(2) of the Land Acquisition Act, as such, 20% balance compensation was kept in revenue deposit. 4. Although it is argued by the learned counsel for the petitioners that no notice was issued before the award was passed and award was passed without fixing appropriate compensation, the copy of the award is not placed on record and award, as such, is not questioned. From a perusal of the affidavit filed in support of the writ petition, it is clear that the only grievance of the petitioners is that in spite of directions of this Court in W.P.No.10102 of 2004 the award is not passed by the respondents. As is evident from the counter affidavit that fresh award is passed in the year 2006 pursuant to the directions of this Court in W.P.No.10102 of 2004 and that the petitioners have refused to receive notice under Section 12(2) of the Act, no further relief can be granted in this writ petition. For the aforesaid reasons, the writ petition is devoid of merits and it is accordingly dismissed. There shall be no order as to costs. __________________ R. SUBHASH REDDY, J October 26, 2010 DSK