IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15229 of 2008 Between: T. Rangaiah, S/o. Rama Naidu, R/o. Mallavaripalem East Village, Sathyavedu Mandal, Chittoor District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department (Land Acquisition), Secretariat Buildings, Hyderabad. 2 The Special Deputy Collector, Tirupathi, Chittoor District. 3 The Revenue Divisional Officer/Cum Land Acquisition Officer, Tirupathi, Chittoor District. 4 The Mandal Revenue Officer, Sathyavedu, Sathvaveedu Mandal, Chittoor 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 will be pleased to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying ex-gratia to the Petitioner over the lands admeasuring an extent of Ac. 4.00 cents in S.No. 383/1 of Mallavaripalem Village, Satyavedu Mandal, Chittoor District as illegal, arbitrary and violative of Article 14 and 300-A of the Constitution of India and consequently direct the respondents not to pay the ex-gratia to third parties over the lands of Petitioners admeasuring extent of Ac. 4.00 cents in S.NO. 383/1 of Mallavaripalem Vilage, Sathyavedu Mandal, Chittoor District. Counsel for the Petitioner: MR.V.VINOD.K.REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 15229 of 2008 O R D E R: This writ petition is filed seeking a declaration that the action of the respondents in not paying ex-gratia to the petitioner in respect of the land admeasuring Acs.4.00 cents in Survey No.383/1 of Mallavaripalem Village, Sathyavedu Mandal, Chittoor District is arbitrary and illegal. It is claimed by the petitioner that he is landless poor and that the Government assigned the land in question in his favour vide proceedings, dated 28.06.1977. Pursuant thereto, the DKT pattas were also granted in his favour and from the said date, he has been in possession and enjoyment of the land in question. While so, the first respondent-Government of Andhra Pradesh, declared that the entire village, in which the land belonging to the petitioner is situated, is Special Economic Zone (SEZ) for establishment of Industrial Park and sought to acquire the said land. Though an enquiry was conducted and the petitioner was granted Enjoyment Certificate, it is alleged that the respondents refused to pay ex-gratia to which the petitioner is entitled to, without there being any justifiable reason. It is also alleged that as a matter of fact, ex-gratia was paid to some other similarly situated persons. Hence, this writ petition. When the matter is taken up for consideration, it is brought to my notice by the learned counsel for the petitioner that in identical circumstances, W.P.No.4805 of 2008 filed by some other assignees whose lands were sought to be acquired for the very same purpose, was disposed of by this Court on 20.04.2008, with a direction to the respondents to pay ex-gratia to the petitioners therein as provided under G.O.Ms.No.1307, dated 23.12.1993. The fact that the petitioner is also similarly situated is not disputed by the learned Government Pleader for Land Acquisition appearing for the respondents. In the circumstances, following the order in W.P.No.4805 of 2008, this writ petition is disposed of leaving it open to the respondents to take further steps for acquisition of the land in question after payment of ex-gratia to the petitioner herein as provided under G.O.Ms.No.1307, dated 23.12.1993, in case it is found that the DKT pattas granted in favour of the petitioner is subsisting as on today. No costs. ______________ G. ROHINI,J Date: 16-07-2008 Note: Issue C.C. in three days. B/o KLP