HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.29669 of 2011 Date:15.12.2011 Between: K.Hari Shankara Rao And another. ..... Petitioners And: Special Collector (Land Acquisition), Ongole, Prakasam District. .....Respondent Counsel for the Petitioners: Sri Kurra Srinivas Counsel for the Respondent: GP for Land Acquisition The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents in not releasing compensation to the petitioners in respect of Ac.0-38 cents of land each comprised in Sy.No.1391/2 of Kongapadu Village, Addanki Mandal, Prakasam District, as illegal and arbitrary. At the hearing, learned Government Pleader for Land Acquisition representing the respondent fairly submitted that even though the petitioners are the rightful owners of the properties referred to above, which are notified for acquisition for construction of Gundlakamma reservoir project, the then Special Deputy Collector has committed grave irregularity by paying compensation to certain unconnected persons, who had nothing to do with the acquired lands, even without passing an award. He stated that criminal action and disciplinary proceedings have been initiated against the said officer and that the award is not passed so far. In the light of the admission that the petitioners are the owners of the properties which are notified for acquisition, the respondents are bound to pay compensation to the petitioners. If the Special Deputy Collector has committed irregularity in the past by paying compensation to persons unconnected with the acquired lands, the petitioners cannot be denied compensation on that ground. The respondent is directed to pass an award and pay compensation to the petitioners within a period of three months from the date of receipt of a copy of this order, while leaving liberty to the Government to recover the compensation illegally and unauthorisedly paid by the former Special Deputy Collector from the latter. Subject to the above directions, the Writ Petition is disposed of. As a sequel to the disposal of the Writ Petition, W.P.M.P.No.36738 of 2011 filed by the petitioners for interim relief is also disposed of as infructuous. _____________________________ C.V.NAGARJUNA REDDY, J 15thDecember 2011 DR