IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.334 OF 2009 BETWEEN: K. Kousalyamma W/o. Subba Reddy …. Petitioner AND The District Collector, Sri Potti Sreeramulu Nellor District, Nellore and Others …. Respondents THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.334 OF 2009 ORDER: This Court issued Rule Nisi on 22-01-2009 and on 02-04-2009 in W.A.M.P. No.355 of 2009 this Court directed status quo to be maintained until further orders. A vacate stay petition in W.V.M.P. No.3324 of 2009 is filed by respondent Nos.5 and 6 to vacate the interim order. 2. The Writ Petition is filed for a writ of Mandamus to declare the action of respondent Nos.1 to 4 for not considering the representation of the petitioner in respect of impleading the petitioner in claim along with the respondent Nos.5 and 6 regarding the property mentioned in 2 A Form, as illegal, arbitrary and in violation of principles of natural justice and in violation of Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondent Nos.1 to 4 to transfer the claim amount which is due on account of acquiring the lands mentioned here in the account of the Hon’ble Civil Court, until the rights are declared, as per law on the above said property. 3. Several facts have been narrated in the affidavit filed in support of the writ petition. 4. It is stated in the affidavit filed in support of the writ petition that one Veerapa Reddy Narasa Reddy was the absolute owner of an extent of Acs.2-82 Cents of land in Survey No.151 and an extent of Acs.2-11 ½ Cents in Survey No.150, situated at Tegacharla Village and Panchayat, Rapur Mandal, Nellore District, which being his ancestral property and by virtue of Registered Partition Deed, dated 19-06-1946 he got an extent of Ac.0-99.3 Cents of land out of Ac.2-98 Cents in Survey No.48 by virtue of partition among himself and his two brothers, which is situated at Tegacharla Village and Panchayat, Rapur Mandal, Nellore District, is his ancestral property and till now it was undivided property. The said Veerapu Reddy Rama Raghava Reddy and his wife died intestate leaving behind 3 sons and one daughter namely 1. Veerapu Reddy Rama Raghava Reddy, respondent No.5 herein, 2. Veerapu Reddy Reddanna Reddy, 3. Veerapu Reddy Radha Krishna Reddy and 4. K. Kousalyamma, petitioner herein. It is also stated that the properties were not partitioned between the petitioner and her brothers. 5. Further it is submitted that the petitioner came to know recently after verifying the 2 A Form, which was published by the Special Collector, Somasila Project, showing the names of the land owners, who are entitled to collect compensation towards the acquisition of lands, that the names of respondent Nos.5 and 6 are shown in pattadars and possessor column against the lands mentioned in the above stated survey numbers. But, the said lands, noted in the 2 A Form, were the ancestral property of the petitioner and her brothers and no partition took place till now between them. 6. It is also stated that the petitioner made a representation to respondent Nos.1 to 4, but till now, they did not take any action on such representation. 7. In the counter affidavit filed by respondent Nos.5 and 6 several facts had been narrated and it is stated that the father late Narasa Reddy and two paternal uncles of respondent No.5 constituted Joint Hindu Family owning lands and they partitioned the Joint Hindu Family properties under a registered partition deed dated 19-06-1946. Certain particulars regarding the Joint Hindu Family properties had been mentioned. It is also stated that the land comprised in Survey No.48 does not belong to the Joint Hindu Family and respondent No.5 purchased the said land. The sale deed and other particulars also had been referred to and certain shares also had been specified in para-4 of the counter affidavit. 8. This Court is not inclined to go into the other merits and demerits relating to the objections, if any, raised by the petitioner or the stand taken by respondent Nos.5 and 6 in the counter affidavit filed before this Court. 9. It is stated that certain objections had been raised by the petitioner. The Special Collector, Somasila Project, Sri Potti Sreeramulu Nellore District, respondent No.2, is directed to look into the objections of the petitioner after affording an opportunity to the petitioner and also to respondent Nos.5 and 6 in this regard and take appropriate decision at an early date. 10. Accordingly, the Writ Petition is disposed of. No order as to costs. ________________ P.S. NARAYANA, J October 30, 2009. KTL