IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE SEVENTEENTH DAY OF NOVEMBER, TWO THOUSAND AND ELEVEN WRIT PETITION No.7684 of 2010 Between: Ghulam Shafiuddin Deshmukh and another. … Petitioners And The Land Acquisition Officer-cum- Revenue Divisional Officer, Nalgonda Division, Nalgonda, Nalgonda District and others. … Respondents Counsel for the petitioners: None appeared. Counsel for the respondents: GP for land acquisition for R.1,3 & 4. None for R.2 and R.5. This Court made the following: ORDER:- This Writ Petition is filed by two persons, who claim to be the President and Mutavalli of the Mosque, by name, Masjid-E- Mohammadia (for short “the Mosque”), at house No.1-30, situated at Kattangur village. Their grievance is that for the purpose of widening the National High Way No.9, respondent Nos.1 to 4 have earmarked a portion of the Mosque for demolition on 1-6-2009. The petitioners pleaded that such an action on the part of respondent Nos.1 to 4, without issuing notification under the provisions of the Land Acquisition Act, 1894, is illegal. In the counter-affidavit filed by respondent No.1- Revenue Divisional Officer, Nalgonda & Competent Authority under the National Highways Act, 1956 (for short “the Act”) it is, inter alia, stated that the National Highway Authority of India has started formation of 4/6 lane of National Highway No.9 from KM 40/000 to KM 221/500 from Hyderabad to Vijayawada Section by widening the existing 100 feet road to 200 feet and consequently it has become necessary to acquire the land on either side of the existing road in 21 villages in five Mandals; that the Government of India appointed respondent No.1 as the Competent Authority for acquisition of the land; and that a notification was published under Section 3-A of the Act in the official Gazette on 1-6-2010 inviting objections from the persons who oppose the land acquisition proposal; and that as no objections were received, declaration under Section 3-D of the Act was published in the official Gazette and also in the newspapers. As regards the Mosque property, it is stated that an extent of 61 square yards belonging to the Mosque, which is falling under the road alignment, was acquired and an award was passed on 16-4-2011 for a sum of Rs.7,39,482/-; and that the entire compensation amount was paid through demand draft bearing SBH No.66523, dated 30-5-2011, drawn in favour of the Chief Executive Officer of the Wakf Board. None appeared for the petitioners at the hearing and no reply affidavit is filed controverting the above mentioned averments contained in the counter-affidavit. In as much as a part of the land belonging to the Mosque is acquired through land acquisition proceedings and compensation has been paid, the grievance of the petitioners, as raised in this Writ Petition, ceased to exist. The Writ Petition is, therefore, dismissed. As a sequel, interim order, dated 19-4-2010, is vacated and WPMP No.9858 of 2010 is disposed of as infructuous. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:17-11-2011 MNR