IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No : 13893 of 2001 Between: 1 Marella Laxminarasareddy S/o. Narsareddy R/o.Kondamachupally, H/o. Kuruguntlapalli Village, Ontimitta Mandal, Cuddapah District. 2 Marella Sulochanamma W/o.Sambi Reddy R/o.Kondamachupally, H/o Kuruguntlapalli Village, Ontimitta Mandal, Cuddapah District. ..... PETITIONERS AND 1 The Government of A.P., Rep. by its Principal Secretary, Department of Irrigation & Command Area Development, Secretariat, Hyderabad. 2 The Special Collector, Teluguganga Project, Nellore. 3 The Special Deputy Collector- Land Acquisition Officer, Somasila Project Unit-IV, Rajampet, Cuddapah 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 may be pleased to issue any order or direction, more particularly in the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities in not releasing the compensation amount awarded in Award No. 12/84, dt. 14.8.1984 and 15/84, 16/84 dt. 25.8.1984 to the petitioners as arbitrary, illegal, null and void and violative of Articles of Constitution of India. Counsel for the Petitioner : MR.BALAJI MEDAMALLI Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.13893 OF 2001 ORDER: The petitioners are questioning the inaction on the part of the respondents for not releasing the compensation amount awarded to the petitioners under award No.12/84 dated 14.8.1984 and 15/84, 16/84 dated 25.8.1984. When this matter was heard on the earlier occasion on 11.11.2008, the respondents were directed to explain the reasons as to why the compensation amount is not paid and why no counter affidavit is filed. There was also a direction to the respondents to file the affidavit within a period of four (4) Weeks from that day. Accordingly, the respondents have filed a counter affidavit dated 12.12.2008 signed by the Secretary to the Government, Irrigation and CAD Department, Government of A.P. The averments in the counter affidavit show that the proceedings are already issued and the cheques covering the compensation amount totaling to Rs.1,80,955/- inclusive of interest payable to the petitioners, were prepared on 2.12.2008 and notices have been issued requesting the petitioners to receive the compensation. Xerox copy of the said cheques as well as the proceedings of the Government are also enclosed along with the counter. At this stage of the proceedings, the learned counsel for the petitioners submits as to the receipt of the cheques by the petitioners as aforesaid. In view of the contentions raised in the counter affidavit coupled with the submission made by the learned counsel for the petitioners as to the receipt of the cheques by the petitioners, I feel that nothing survives for adjudication in the writ petition. Accordingly, the Writ Petition is dismissed. No costs. ___________________________________ Justice VILAS V. AFZULPURKAR Dated 15th December, 2008. Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.13893 OF 2001 Dated 15th December, 2008.