IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 3957 of 2008 Between: Rajana Appalanaidu, S/o. Late Appala Swamy, R/o. krishnapalem, Rambilli Mandal, Visakhapatnam District. ..... PETITIONER AND 1 The Special Deputy Collector, Unit-I, Land Acquisition, SEZ, Visakhapatnam, Visakhapatnam District. 2 Rajana Satyam, S/o. Late Appala Swamy, R/o. Krishnapalem Rambilli Mandal, Visakhapatnam District. .....RESPONDENT(S) 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 issue Writ of Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents for not passing any orders on the representation dt. 21-1-2008 submitted by the petitioner enabling him to participate in the enquiry to be conducted relating to the Award with respect to the acquisition of lands of the petitioner's ancestral property in Sy.Nos. 119/2, 119/3, 119/6, 119/10, 120/4, 120/5, 120/6, 27/4, 27/6. 27/8 AND 27/10 admeasuring ac, 2-47 cents situated at Krishnapalem Village, Rambilli Mandal, Visakhapatnam District as illegal and arbitrary and consequently direct the respondent No. 1 herein to refer the matter to the competent Civil Court for adjudication. Counsel for the Petitioner:MR.CHILAMKURI HANUMANTHA RAYUDU Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{RLD} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the 1st respondent in not passing any orders on the petitioner’s representation dated 21.1.2008, as arbitrary and illegal, and consequently direct the 1st respondent to refer the matter to a competent civil Court for adjudication. The petitioner asserts that the 2nd respondent is his brother and they have ancestral properties admeasuring Ac.2.47 cents of land in S.Nos.119, 120 and 27 (with sub-divisions) situated in Krishnapalem village, Ramkbilli Mandal, Visakhapatnam District and they are in possession and enjoyment of it as joint family owners. While so, the 1st respondent issued Notification under Section 4(1) of the Land Acquisition Act, 1894 (for brevity “the Act”) proposing to acquire the land in question. Coming to know of this, the petitioner made a representation dated 21.1.2008 before the 1st respondent-Special Deputy Collector with a request to allow him to participate in the Award enquiry so as to enable him to represent the matter and get the amount of his share. Now, the petitioner’s grievance is that the 1st respondent, without affording an opportunity to him to participate in the Award enquiry, nor passing any orders on his representation, is trying to pay the entire compensation to the 2nd respondent. Heard the learned counsel for both the parties and perused the material placed on record. Even in the affidavit it is clearly stated that the 1st respondent is making hectic efforts to pass an Award in favour of the 2nd respondent and pay the compensation to him. Inasmuch as three months have lapsed from the date of the representation, it is not known whether any Award is passed or not. Hence, this Court is of the view that in case, neither any Award has been passed nor any compensation has been paid to the 2nd respondent, the authority i.e. the 1st respondent-Special Deputy Collector may consider the petitioner’s representation dated 21.1.2008 and pass appropriate orders in accordance with law. With the above observation, this writ petition is disposed of at the admission stage. No costs. ______________ 21.04.2008 Note: Furnish copy by tomorrow B/o bcj