IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.4530 of 2009 Between: 1 Nagi Reddy, S/o. Rajappa, R/o. Chintareddypally Village, Narva Mandal, Mahaboobnagar District. 2 Tayappa, S/o. Rajappa, R/o. Chintareddypally Village, Narva Mandal, Mahaboobnagar District. ..... PETITIONERS AND 1 Government of A.P. Rep by its Principle Secretary, Revenue (LA) Secretariat, Hyderabad. 2 The Special Deputy Collectorm (LA), Priyadarshini Jurala Project, Gadwal, Mahaboobnagar District 3 Kosgi Laxmanna, S/o. Hanumanthu, R/o. Chintareddypally Village, Narva Mandal, Mahaboobnagar District 4 Laxma Reddy, S/o. Hanumanthu, R/o. Chintareddypally Village, Narva Mandal, Mahaboobnagar 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 may be pleased to issue an appropriate writ, order, or direction preferably a Writ of Mandamus declaring the 2nd respondent to conduct appropriate enquiry as envisaged under the Land Acquisition Act for the purpose of apportionment and entitlement of the compensation or in the alternative direct the 2nd respondent to refer to the competent Civil Court u/s 30 of the Land Acquisition Act for deciding the entitlement and the compensation towards wells which is under acquisition in Survey number 16 of Chintalreddypally Village, Narva Mandal, Mahabubnagar District. Counsel for the Petitioners: MR.G.PURUSHOTHAM REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.4530 OF 2009 ORDER: Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. According to the petitioners, their lands situated in Sy.No.16 of Chintareddypally Village, Narva Mandal of Mahabubnagar District, along with a well situated therein, were acquired by the Government and compensation was paid to them in respect of the said lands under award dated 30.10.1993 and insofar as the well, it was mentioned in the award that the valuation of the wells acquired were not received by the competent authority and as such the same would be considered separately on receipt of the valuation. It is the case of the petitioners that the well in question is situated in the extent belonging to them, but the 2nd respondent- Special Deputy Collector (Land Acquisition), without conducting any enquiry and without issuing notice to them, is proposing to pay the compensation in respect of the said well to respondents 3 and 4, whose lands were also acquired under the same notification, and, on coming to know the same, the petitioners submitted a representation dated 18.02.2009, which was received by the 2nd respondent on 24.02.2009, seeking to pay them such compensation as they alone are entitled for the same. The grievance of the petitioners is that the 2nd respondent, ignoring their representation, has prepared a draft award mentioning the names of respondents 3 and 4 for the purpose of receiving the compensation in respect of the well in question and sent the same for approval of the competent authority. Hence, this writ petition. In the facts and circumstances of the case, without expressing any opinion on merits, the official respondents are directed to dispose of the representation dated 18.02.2009 purported to have been submitted by the petitioners and received by the 2nd respondent on 24.02.2009, in accordance with law, by hearing all the affected parties, if necessary, within a period of four weeks from the date of receipt of a copy of this order, and communicate the orders passed thereon to the petitioners. Till such time, the compensation in respect of the well in question shall not be paid to respondents 3 and 4, if not already paid. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 5th March, 2009. IBL