IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.7657 of 2008 Between: 1 Madagala Ananda Rao S/o.Late Madagala Merupulu Rayudu R/o.Marripalem Village, Rambili Mandal, Visakhapatnam District. 2 Madagala Chandra Rao S/o.Late Madagala Merupulu Rayudu R/o.Marripalem Village, Rambili Mandal, Visakhapatnam District. 3 Madagala Adinarayana S/o.Late Madagala Merupulu Rayudu R/o.Marripalem Village, Rambili Mandal, Visakhapatnam District. ..... PETITIONERS AND 1 The District Collector, Visakhapatnam District, Visakhapatnam. 2 The Spl. Deputy Collector (Navy), Main Road, Yellamanchili, Visakhapatnam District. 3 The Tahsildar, Rambilli, Visakhapatnam 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 may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not paying compensation for our land in an extent of Ac. 2.52 cents in Sy.No.374 situated at Rajala Agraharam, Rambilli Mandal, Visakhapatnam district which was acquired by the Authorities is highly arbitrary, illegal and violative of Article 14, 21 and 300-A of Constitution of India and consequently direct the Respondents to pay the compensation forthwith. Counsel for the Petitioners: MRP.RAJASEKHAR Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.7657 of 2008 ORDER: Petitioners stated to have inherited the land admeasuring Ac.3.49 cents in Sy.No.374 of Rajala Agraharam village of Rambilli Mandal in Visakhapatnam Mandal. The Government proposed to acquire the land of the petitioners for a public purpose, by issuance of a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”) and consequential draft declaration. Thereafter, petitioners were paid compensation of Rs.2,91,000/- on 18.07.2006 for an extent of Ac.0.97 cents of land. Thereafter, they requested the authorities to pay compensation for the remaining land and also made a representation on 05.03.2008, in this regard, but in vain. Hence this writ petition. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. The point that has to be decided is as to whether the Government has acquired the total extent of Ac.3.49 cents of land or Ac.0.97 cents of land. But, the petitioners have not filed the notification issued under Section 4(1) of the Act to determine the said issue. However, as the petitioners’ representation dated 05.03.2008, seeking compensation for the remaining extent of the land is pending consideration with the first respondent, the first respondent is hereby directed to consider the representation of the petitioners dated 05.03.2008 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. There shall be no order as to costs. __________ 09.04.2008 sh To 1 The District Collector, Visakhapatnam District, Visakhapatnam. 2 The Spl. Deputy Collector (Navy), Main Road, Yellamanchili, Visakhapatnam District. 3 The Tahsildar, Rambilli, Visakhapatnam District. 4 Two CCs 5 Two CD copies.