IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 25255 of 2008 Between: 1 K. Ramaiah, S/o. Raja Reddy, R/o. Matterumitta Village, Varadaiahpalem Mandal, Chittoor District. 2 K. Munivelu, S/o. Chellappa Reddy, R/o. Matterumitta Village, Varadaiahpalem Mandal, Chittoor District. 3 N. Mani, S/o. Munaswamy Mudaliyar, R/o. Matterumitta Village, Varadaiahpalem Mandal, Chittoor District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Revenue (LA) Department, Secretariat Buildings, Hyderabad. 2 The Collector, Chittoor, Chittoor District. 3 The Special Deputy Collector/Land Acquisition Officer, Unit-III, Tirupathi, Chittoor District. 4 The Tahsildar/Mandal Revenue Officer, Varadaiahpalem, Varadaiahpalem Mandal, Chittoor District. .....RESPONDENTS 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 a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not paying ex-gratia to the petitioners lands in Sy.No. 22/2D2 land admeasuring Ac.1.00, in Sy.No. 3-1A2 land admeasuring Ac. 1.35 cents, in Sy.No. 3/1A3 land admeasuring Ac. 1.36 cents of Siddama Agraharam Revenue Village, Varadaiahpalem Mandal Chittoor District respectively as being illegal, arbitrary and violative of Article 14 and 300A of the constitution of India, arbitrary and violative of Article 14 and 300A of the constitution of India and consequently direct the 3rd respondent not to pay the ex-gratia to third parties over the lands in Sy.No. 22/2D2 land admeasuring Ac.1.00, in Sy.No. 3-1A2 land admeasuring Ac. 1.35 cents, in Sy.No. 3/1A3 land admeasuring Ac. 1.36 cents of Siddama Agraharam Revenue Village, Varadaiahpalem Mandal Chittoor District respectively and pass Counsel for the Petitioner:MR.T.C.D.SEKHAR Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No. 25255 of 2008 Order: Petitioners, three in number, seek a direction to the third respondent to pay them ex-gratia for the assigned lands resumed by the Government. A counter affidavit is filed by the Special Deputy Collector, Land Acquisition (SEZ), Unit-III, Tirupati, Chittoor District, wherein it is stated that in so far as the first and third petitioners are concerned, the ex-gratia amount sanctioned was already paid to them on 15.12.2008. It is stated that in so far as the second petitioner is concerned he met with an accident and he was taking treatment at Chennai and that as and when he approaches the third respondent the demand drafts drawn in his favour will be disbursed to him. Sri T.C.D. Sekhar, learned counsel for the petitioners, would submit that it would suffice if this averment is made part of the record and the writ petition is disposed of directing the third respondent to pay the ex-gratia amount to the second petitioner on his approaching his office. Recording the aforesaid averments made in the counter affidavit, the writ petition stands disposed of directing the third respondent- Special Deputy Collector, Tirupati, to hand over the demand drafts to the second petitioner on his approaching his office and on his being identified as the person to whom ex-gratia has been sanctioned. No costs. _________________________ RAMESH RANGANATHAN, J. Date: 18.12.2008 Nsr