IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 19290 of 2007 Between: Palapati Venkateswara Rao @ Venkaiah, S/o. Appaiah, Gowrigudem, Siddaram Revenue Village, Sattupally Mandal, Khammam District. ..... PETITIONER AND 1 The Land Acquisition Officer and Revenue Divisional Officer, Khammam, Khammam District. 2 The District Collector, Khammam, Khammam District. 3 Government of Andhra Pradesh, Rep by its Secretary, Irrigation and Command Area Development, Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ, order or direction, particularly one in the nature of Mandamus, declaring the inaction of the respondents herein not providing the petitioner equivalent alternative Government land situate in S.No. 39 of Siddaram Village, Sattupally Mandal, Khammam District, for petitioner's land admeasuring Ac. 1.21 1/2 gts. in S.No. 12/3 and 13/3 of Gowrigudem, Siddaram Revenue Village, Sattupally Mandal, Khammam District which was acquired for digging of NTR Irrigation Canal in the year 2006 as illegal, arbitrary, unreasonable and contrary to the provisions of Sec. 31 of the Land Acquisitiion Act and also violative of Articles 14,21 and 300A of the constitution of India and issue a consequential direction to the respondents herein to provide the petitioner equivalent Government land from the Government land situate in S.No. 39 of Siddaram Village, Sattupally Mandal, Khammam District, for petitioner's land Admeasuring Ac. 1.21 1/2 gts S.No. 12/3 and 13/3 of Gowrigudem, Siddaram Revenue Village, Sattupally Mandal, Khammam District which was acquired for digging of NTR Irrigation Canal in the year 2006 and pass such other order or orders as are deemed fit and proper in the circumstances of the case Counsel for the Petitioner:MR.M.RAJAMALLA REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following Order: THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.19290 of 2007 ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in not providing equivalent alternative government land located in survey No.39 situated at Siddaram Village, Sattupally Mandal, Khammam District, to the petitioner for acquiring his land admeasuring Acs.1.21 ½ guntas in survey Nos.12/3 and 13/3 situated at Gowrigudem, Siddararm Revenue Village, Sattupally Mandal, Khammam District, for the purpose of digging NTR irrigation canal in 2006 as arbitrary and illegal. It appears that the patta land held by the petitioner was acquired and award was passed. It is stated that abutting the land acquired, the petitioner has been cultivating the land to an extent of Ac.1.13 guntas in survey No.39 situated at Siddaram Village, Sattupally Mandal, Khammam District, since long time. It is the grievance of the petitioner that instead of paying compensation to him, he can be accommodated with the land in survey No.39 which he has been cultivating for the last so many years and therefore, he has not received the compensation till date. It is further stated that though representation has been made in this regard by the petitioner, the respondents have not considered his case. On the other hand it was stated by the respondents that the alternative land sought by the petitioner in survey No.39 is assigned land and therefore, the same cannot be allotted to him. According to the petitioner he has purchased the said land long ago from the original assignee by paying consideration and that now he is ready to forego the compensation awarded in respect of his land admeasuring Acs.1.21 ½ guntas in survey Nos.12/3 and 13/3, which was acquired. Under those circumstances, the writ petition is disposed of directing the respondents to consider allotment of alternative land in survey No.39 to the extent of Acs.1.13 guntas in favour of the petitioner, pass appropriate orders as per law within a period of eight weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. No costs. ________________ (C.V. RAMULU, J) 18th March, 2009 GHN To 1 The Land Acquisition Officer and Revenue Divisional Officer, Khammam, Khammam District. 2 The District Collector, Khammam, Khammam District. 3 Government of Andhra Pradesh, Rep by its Secretary, Irrigation and Command Area Development, Secretariat, Hyderabad. 4 2CCs to GP for Land Acquisition 5 2CD copies Form-NIC-OGS/WP{RLD}