THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.16069 of 2009 ORDER: The father of the petitioners, by name Kummari Babaiah was assigned an extent of Ac.1.35 guntas of land in Survey No.88 of Raviryal Village, Maheshwaram Mandal, Ranga Reddy District through proceedings, dated 21.02.1993. After his death, the petitioners succeeded to the said property in equal extents. The Government of Andhra Pradesh resumed that land and handed over the same to the Andhra Pradesh Industrial Infrastructure Corporation Limited, respondent No.5 herein. The extent in the survey number is very vast and all the assignees whose lands were resumed to the Government were paid ex gratia. In fact, some of the assignees have approached this Court for enhancement of the ex gratia. The petitioners were not paid any ex gratia. They seek direction to the respondents to pay the ex gratia. Respondent No.3 filed a counter-affidavit. The fact that the father of the petitioners was assigned the land is admitted. The only ground pleaded by the respondents for denying ex gratia to the petitioners was that they were not found to be in possession of the land by the time it was resumed. It was also mentioned that the petitioners are in possession of the land in Survey No.86 owned by Sri Lakshmi Narasimha Swamy Devasthanam of the Village. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. It is not in dispute that the father of the petitioners was assigned Ac.1.35 guntas of land in Survey No.88 and that, after his death, the petitioner succeeded to the same. Fairly large number of persons in the village were assigned bits of land in Survey No.88. Even where the assignments were cancelled on one ground or the other, the Government paid ex gratia when the land was resumed by it for handing over the same to respondent No.5. The basis on which the ex gratia was denied to the petitioners cannot be sustained in law. If the petitioners are unauthorisedly in occupation of the land in Survey No.86, owned by the Devasthanam, proceedings can be initiated for eviction from that land. It cannot constitute a basis for denying ex gratia to the petitioners for the land in Survey No.88. Hence, the writ petition is allowed and the respondents are directed to pay ex gratia to the petitioners for Ac.1.35 guntas of land in Survey No.88 of Raviryal Village, Maheshwaram Mandal, Ranga Reddy District on par with the other assignees, within a period of two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt:21.03.2011. kdl