IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 7509 of 2008 Between: Kotaru Panduranga Rao S/o.Appa Rao R/o. Khammam, Khammam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Major Irrigation Department, Secretariat, Hyderabad. 2 The District Collector,Khammam. 3 The Revenue Divisional Officer, Paloncha, Khammam 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 an appropriate writ order or direction more particularly one in the nature of writ of Mandamus, directing the respondents to pass award and pay the compensation Under the L.A. Act 1894 for acquired lands in Sy.No. 12/1,90,93,146,143,166/1 and 180 total extent of Ac 11-20 Guntas situated in Maddikonda Village, Aswaraopet Mandal, Khammam District and pass such other appropriate orders. Counsel for the Petitioner : MR.R.KAMESWAR RAO Counsel for the Respondents : GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 7509 of 2008 ORDER: Petitioner states that he is the absolute owner of an extent of about Ac.11.20 guntas, situated in Maddikonda Village, Aswaraopet Mandal, Khammam District. A notification under Sec.4(1) of the Land Acquisition Act was published on 24-01-2007 proposing to acquire an extent of Ac.11.20 guntas belongs to the petitioner herein. The petitioner did not have any objection with regard to the said acquisition. His only grievance is that though he was dispossessed from out of the lands in question pursuant to the notification under Sec.4(1) of the Act, dated 24-01-2007, no compensation is yet paid to him and hence he approached this court and filed this writ petition. When once the owners are dispossessed from out of the lands, the authorities are duty bound to complete the entire acquisition proceedings at the earliest and see that the amount of compensation is paid. Further, according to Sec.17(3) of the Land Acquisition Act, when once possession is taken, the Land Acquisition Officer is under an obligation to deposit 80% of the compensation in advance. But from the facts, it appears that the same also is not complied with. Having considered the submissions of the learned counsel for the petitioner, this Court is of the view that the said deprivation of the land without completing the acquisition proceedings can definitely be said to be arbitrary. Accordingly, this writ petition is allowed at the stage of admission and the respondents, particularly, respondents 2 and 3 are hereby directed to complete the award enquiry as provided under Sec.11 of the Land Acquisition Act and pay the compensation to the petitioner at the earliest, preferably, within a period of eight (8) weeks from today. No order as to costs. ______________________________ GOPALA KRISHNA TAMADA, J Date: 08-04-2008 Rns. To 1. The Secretary, Government of Andhra Pradesh, Major Irrigation Department, Secretariat, Hyderabad. 2. The District Collector, Khammam. 3. The Revenue Divisional Officer, Paloncha, Khammam District. 4. 2CCs 5. 2CD copies