THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24466 of 2007 Date: 22.01.2008 Between: M.A.Sattar and another … Petitioners AND The District Collector, Kurnool District. & another. … Respondents Counsel for the petitioners: Sri A.Jayashankar Reddy Counsel for respondents : A.G.P. for Land Acquisition HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24466 of 2007 ORDER:- This writ petition is filed for a writ of mandamus to declare the action of the respondents in not re-determining the compensation in terms of award dated 21.8.1997 passed by the Court of Sub-ordinate Judge, Nandikotkur in O.P.No.5088 of 1991 as confirmed in judgments dated 24.8.2004 and 3.11.2004 in A.S.Nos.1368 of 1997 and 640 of 1998 respectively under Section 28-A of the Land Acquisition Act, 1894 (for short “the Act”) as illegal and arbitrary. Heard Sri A.Jayasankara Reddy, learned counsel for the petitioners. Shorn of unnecessary details, it may be noted that the Sub- ordinate Judge, Nandikotkur passed award on 21.8.1997. The application filed by the petitioners under Section 28(A) of the Act was received by respondent No.2 on 21.11.1997 which fact was admitted by the Tahsildar and Land Acquisition Officer, Nandikotkur in para-4 of the counter affidavit filed by him. In para-5 of the petition filed by the petitioners under Section 28(A) of the Act it is categorically stated that on 15.9.1997 they applied for copies of the award of the civil court and the certified copies were delivered on 19.9.1997. Under Section 28(A) of the Act, an application for re-determination of compensation shall be made within three months from the date of the award and that in computing the period of three months within which such application is to be made, the day on which the award was pronounced and the time required for obtaining copy of the award shall be excluded. If the day, namely, 21.8.1997 on which the award was passed is excluded, the application which was received on 21.11.1997 will be in time. Even otherwise, since the claim of the petitioners that it has taken four days’ time to obtain certified copies of the judgment is not denied, the time between 15.9.1997, the day on which they made application for supply of certified copies and 19.9.1997, the day on which the certified copies were delivered shall be excluded and in either of the two events the application filed by the petitioners shall be treated as having been filed in time. In view of the above, the writ petition is allowed and the respondents are directed to entertain and dispose of the application of the petitioners on merits. The respondents shall complete this exercise within a period of three months from the date of receipt of a copy of this order. ___________________________ C.V.NAGARJUNA REDDY,J Date:22.01.2008 mdaa