IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8098 of 2008 Between: Shaik Mahammod Hussain, S/o. Noor Saheb, R/o. Nandyal Village and Mandal, Kurnool District. ..... PETITIONER AND 1 The State Rep by the District Collector, Kurnool District at Kurnool. 2 The Revenue Divisional Officer, Nandyal, Kurnool District. 3 The Nandyal Municipality, Nandyal, Rep by its Commissioner 4 The Tahsildar, Mandal Revenue Office, Nandyal, Kurnool 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 writ or direction particularly in the nature of Mandamus or any other appropriate writ declaring the that the lands an extent of Ac. 0.11 cents in Sy.No. 2311 of Nunupally Village of Nandyal Mandal, Kurnool District, belonging to the petitioner, in entitled to be deleted from the land acquisition covered under draft notification dated 12-1-1983 for the purpose of Nandyal Municipality I.U.D.P. Scheme. Counsel for the Petitioner: MR.V.R.AVULA Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{TRK} O R D E R:- This writ petition is filed seeking a direction to the respondents to delete the petitioner’s land of an extent of Ac.00.11 cents in S.No.2311 sitauted in Nenepally village from the purview of the land acquisition proceedings covered under Draft Notification dated 12.1.1983 issued for the purpose of Nandyal Municipality under I.U.D.P. Scheme. The petitioner asserts that the 1st respondent-Government initiated proceedings under the Land Acquisition Act, 1894 (for brevity “the Act”) by approving Draft Notification dated 11.11.1983 for acquisition of his land of an extent of Ac.0.11 cents situated in S.No.2311, Nenuepally village, Nandyal Mandal including the lands belonging to other owners. One Allam Sanjappa filed W.P.No.12435 of 1986 questioning the validity and legality of the acquisition proceedings in respect of the land situated in S.Nos.2311 and 2314 of Nandyal village. This Court, by an order dated 5.6.1987, quashed the Draft Notification issued under Section 4(1) of the Act on the ground that the acquisition of the lands in S.Nos.2311 and 2314 of Nandyal village are not meant for a public purpose. Thereafter, the Council of Nandyal Municipality, in its Resolution No.67, dated 29.4.1989, resolved not to prefer an appeal against the orders of this Court. Similarly, this Court, in W.P.No.818 of 2008, by an order dated 22.1.2008, directed the Revenue Divisional Officer, Nandyal to consider the representation filed by the petitioner therein for deletion of an extent of Ac.0.71 ½ cents in S.No.2311 of the same village from the purview of the acquisition. The petitioner herein also gave his representation dated 27.3.2008 seeking deletion of his land from the purview of the land acquisition proceedings. Now, the petitioner’s grievance is that in spite of the order of this Court in W.P.No.12435 of 1986, the respondents have not deleted his land, which is covered under S.No.2311 of Nandyal village, from the purview of the land acquisition proceedings. Heard the learned counsel for both the parties and perused the material placed on record. When the Notification under Section 4(1) of the Act and the consequential award are set aside by this Court and the said judgment has become final and the petitioner is willing to pay back the amount of compensation that was received in pursuance of the award dated 23.9.1986 and no constructions have been made in the land in question, this Court deems it appropriate to direct the respondents to consider the petitioner’s representation, dated 27.3.2008 and pass appropriate orders positively deleting his land from the purview of the land acquisition proceedings by taking back the amount of compensation with interest. With the above direction, this writ petition is disposed of. No costs. ______________ 15.04.2008 bcj