IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NOs : 21592 of 2007 & 18586 of 2008 W.P.NO.21592 OF 2007: Between: Reddaboina Shankaraiah, S/o. Chinna Mallaiah, R/o. Sankepalli Village, Vemulawada Mandal, Karimnagar District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Secretary, Land Acquisition, Secretariat Buildings, Hyderabad. 2 The Special Collector Land Acquisition, S.R.S.P., S.S.P., J.C.R.G.L.I.P., Tarnaka, Hyderabad. 3 The Special Deputy Collector, Land Acqusition, LMD Colony, Karimnagar, Karimnagar 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 an appropriate writ, order or direction more particularly one in the nature of "Writ of Mandamus" declaring the action of the respondents in not paying the compensation for the Acquisition of the land for the construction of the Mid Maneru Reservoir of sub merged area, admeasuring Ac. 2-38 guntas, in Sy.Nos. 152/A, of the petitioners' land situated in Sankapelli Village, Vemulawada Mandal, Karimnagar District as being illegal, arbitrary, violative of Articles 14 and 300-A of the constitution of India and consequently directing the respondents to pay the compensation to the petitioner, forthwith, and to pass such other and further orders that may be deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.S.V.MUNI REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION W.P.NO.18586 of 2008 Between: Reddaboina Tirupathi S/o.Kuntiah Sankepalli(V) Vemulawada (M) Karimnagar District ..... PETITIONER AND 1 Spl Deputy Collector and LA Officer LA Unit Sriramnagar Project(SRSP) Lower Manair Dam(LMD) Colony Karimnagar District 2 The District Collector Karimnagar District Karimnagar District 3 Govt of A.P rep.by its Secretary Irregation Department Secretariat Hyd 4 Reddaboina Shankaraiah S/o.Chinna Mallaiah Sankerpalli(V) Vemulawada(M) Karimnagar 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 an appropriate writ, order or direction more particularly one in the nature of Mandamus declaring the action of the 1st respondent in not releasing to the petitioner his compensation amount of Rs 4 Lakhs payable to him towards acquisition of his land admeasuring ac 2.38 gts situate in S.No.152/A Sankepalli(V) Vemulawada (M) Karimnagar (Dist) under L.A Act for the submergence under Mid Manair Dam is illegal arbitrary unreasonable contrary to the provisions of Land Acquisition act and also violation of Articles 14,21 and 300-A of the Constitution of India and issue a consequential direction to the 1st respondent herein to release to the petitioner the above said compensation amount forthwith. Counsel for the Petitioner: MR.M.RAJAMALLA REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : COMMON ORDER: In these two writ petitions, the dispute relates to the title among the claimants/writ petitioners as to the ownership of the land in an extent of Ac.2.38 gts. in Sy.No.152/A of Sankepalli village, Vemulawada Mandal, Karimnagar District. According to the petitioner in W.P.No.18586 of 2008, he had purchased the said land from one Reddaboina Shankaraiah and he is in possession and enjoyment of the same and the same has been reflected in the counter filed in W.P.No.21592 of 2007 by the Special Deputy Collector, Land Acquisition Unit, S.R.S.P., Karimnagar, which further states that the disputed land was not notified under Section 4 (1) of the Land Acquisition Act for the purpose of acquisition. Whereas the petitioner in W.P.No.21592 of 2007 claims that he is the owner and possessor of an extent of Ac.2.38 gts.in Sy.No.152/A of Sankepalli village, Vemulawada Mandal, as successor of the original pattadar Reddaboina Chinna Mallaiah. The fact as to acquisition of certain lands i.e., Ac.9.24 gts. in Sy.No.152/A of Sankepalli village, Vemulawada Mandal, is not in dispute. From the above facts, it is clear that there is some dispute as to the ownership of an extent of Ac.2.38 gts. in Sy.No.152/A of Sankepalli village, Vemulawada Mandal, between the petitioners in W.P.No.18586 of 2008 and the 4th respondent therein who has filed the other writ petition. Out of Ac.9.24 gts. in Sy.No.152/A which was acquired in view of this dispute the compensation therein was not being paid as the petitioner created a confusion in the mind of the land Acquisition Officer stating that the land to an extent of Ac.2.38 gts. in Sy.No.152//A of Sankepalli village, Vemulawada Mandal, was not sold and it belongs to him only. Under those circumstances, without expressing any opinion on merits, the Special Deputy Collector/Land Acquisition Officer, Sri Ram Sagar Project, Karimnagar, is directed to first identify the land in Sy.No.152/A of Sankepalli village, Vemulawada Mandal, and decide whether this land is acquired under Section 4 (1) notification issued on 14-07-2007 while acquiring Ac.9.24 gts. of land in Sy.No.152A of Sankepalli village, Vemulawada Mandal. If the said land i.e., Ac.2.38 gts. in Sy.No.152/A of Sankepalli village, Vemulawada Mandal, is acquired for the purpose of excavation of canals, the matter may be referred for the purpose of payment of compensation and deciding title, to the competent Civil Court. If this land is not included i.e., Ac.2.38 gts. in Sy.No.152/A of Sankepalli village, Vemulawada Mandal, in the said acquisition, it is for the petitioners to work out their remedies as available under law. The Special Deputy Collector/Land Acquisition shall complete this exercise within a period of two months from the date of receipt of a copy of this order and communicate the same to the petitioners. Accordingly, both the Writ Petitions are disposed of. No costs. _________________ 13th February, 2009 SKM