IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO:22288 of 2004 Between: smt. Duri Kamamma Choultry, Visakhapatnam, rep by Executive Officer, Adapa Veera Prasad Rao s/o Appa rao (late) office at Sri Garuda Jaganayakula Choultry, Main Road, Visakhapatnam ..... PETITIONER AND 1 The District Collector, Visakhapatnam District, Visakhapantam 2 The Special Officer, Land Acquisition, Revenue Division, Collectorate Building, Visakhapatnam 3 Kandrugala Suri Apparao (Died) S/o Ramanaidu Gavvalapalem Pallapu Veedhi Anankapalli 4 Yallapu Sitalakshi W/o R/o Pullapu Veedhi, Gavvalapalem, Anankapalli, Visakhapatnam District 5 K. Chinnathalli W/o Suri Appa Rao R/o Gavvalapalem Pullapu Veedhi, Anankapalli, Visakhapatnam District 6 Polinena Eswaramma W/o Jagannatha Rao R/o Gavvalapalem Pullapu Veedhi, Anankapalli, Visakhapatnam District 7 K. Syamalanuka Ratnamma D/o K. Suri Appa Rao R/o Gavvalapalem Pullapu Veedhi, Anankapalli, Visakhapatnam District 8 Kandrugala Diwakar S/o K. Suri Apparao (Late R/o Gavvalapalem Pullapu Veedhi, Anankapalli, Visakhapatnam District .....RESPONDENTS Counsel for the Petitioner:MS.M.VIDYAVATHI Counsel for Respondent Nos.1 & 2:AGP FOR LAND ACQUISITION Counsel for respondent No.8: MR. A.V.S.SATISH BABU The Court made the following : ORDER: This writ petition is ﬁled for a writ of mandamus to declare the action of the respondents in not passing award/referring the dispute to the Civil Court under Section 30 of the Land Acquisition Act, 1894 (for short ‘the Act’) in respect of land admeasuring Ac.1.38 cents in Survey No.1539/5 of Anakapalli Village, Visakhapatnam District, as illegal and arbitrary. In the manner, in which, the writ petition is proposed to be disposed of, it is not necessary to refer to the chequered history of this case. The grievance of the petitioner as projected by Smt. M.Vidyavathi, learned counsel for the petitioner is that despite an order passed by this Court in Writ Petition No.478 of 1989 as far back as 09.06.1997, no award has been passed so far. She stated that by order, dated 02.08.2008, the Deputy Commissioner, Endowments Department, Visakhapatnam, who conducted enquiry under Section 83(2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, held that Kandregula Chinatalli and others are encroachers and were ordered to be evicted from the schedule property. The learned Assistant Government Pleader for Land Acquisition stated that as the ﬁle relating to the above mentioned extent of the land was mixed up with other ﬁles, award could not be passed though in respect of major extent, namely, Acs.27.37 cents of land, consent award was passed on 18.01.1989. She further stated that the Land Acquisition Oﬃcer issued notice on 04.09.2008 ﬁxing 15.09.2008 as the date of award enquiry. She also stated that immediately after conducting enquiry, the Land Acquisition Oﬃcer will pass necessary award. In view of this submission of the learned Assistant Government Pleader for Land Acquisition, the writ petition is disposed of, with the direction to the Land Acquisition Officer to complete enquiry and pass award within a period of one month from today, after giving notices to all the interested parties including the petitioner and respondent No.8. Liberty is given to the petitioner to participate in the enquiry, put forth it’s claim and place before the Land Acquisition Oﬃcer the events that have transpired subsequent to the ﬁling of the writ petition. As a sequel to disposal of main petition, interim order, dated 03.12.2004 is vacated, WPMP.No.29242 of 2004 is dismissed and WPMP.No.33580 of 2006 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 8th SEPTEMBER, 2008. Note: issue copy in one (1) week. B/o kvni