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 : 7482 of 2008 Between: Thondamanati Venkata Narsaiah, S/o. Late Ramakrishnaiah, R/o. C-26, Sai Krishna Apartments, South Kamalanagar, ECIL Post, Hyderabad - 500 062. ..... PETITIONER AND 1 The Revenue Divisional Officer, R.D.O.'s Office, Railway Feeders Road, Muthkuru Mandal, Nellore District. 2 The Branch Manager, State Bank of India, Muthkuru Mandal, Nellore District. 3 Thondamanati Venkatadri, S/o. Thondamanati Venkataramanaiah, R/o. Krishnapatnam Village, Muthkuru Mandal, Krishnapatnam Post, Nellore 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, declaring that the petitioners entitled to half of the compensation in respect of Sy.No. 535 admeasuring Ac. 3-65 cents situated at Krishnapatnam Village, Muthkuru Mandal, Nellore District and consequently direct the respondents to pay the compensation amount to the petitioner and pass such other appropriate orders. Counsel for the Petitioner: MR.MAHADEV ANYARAMBHATLA Counsel for the Respondents 1&2: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 7482 of 2008 ORDER: According to the petitioner, he and the father of the third respondent are brothers and their father is the absolute owner of the property situated in S.No.535 of Krishnapatnam village, Muthkur Mandal, Nellore District and after demise of their father, they inherited the said property. A notification under Sec.4(1) of the Land Acquisition Act was published and after following due process under law, an award enquiry also was conducted and the amount of compensation was deposited with the second respondent. It is stated that, as the petitioner is residing at Hyderabad, he is not aware of the acquisition proceedings and if the said amount of compensation is paid to the third respondent, who is the brother’s son of the petitioner, he suffers irreparable loss. In that context, narrating the above said facts, he gave a representation to the first respondent on 18-03-2008, but no orders have yet been passed and hence, he approached this Court and filed the present writ petition. Having looked into the affidavit filed in support of the writ petition, it is clear that the amount of compensation was deposited with the second respondent and the cheques were also issued in favour of the third respondent on 15-02-2008 and the petitioner gave his representation only on 18-03-2008. In the light of the above, if the said cheques are not encashed and the amount is not appropriated by the third respondent, the first respondent is hereby directed to consider the representation of the petitioner dated 18-03-2008 and refer the matter to the civil court if required. Accordingly, writ petition is disposed of. No order as to costs. ______________________________ GOPALA KRISHNA TAMADA, J Date: 08-04-2008 Rns. To 1. The Revenue Divisional Officer, R.D.O.’s Office, Railway Feeders Road, Muthkuru Mandal, Nellore District. 2. 2 CCs 3. 2CD copies