IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 21399 of 2001 BETWEEN: 1 Vangdoth Udya S/o Sakru, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 2 Dhanavath Mangtha S/o Watchya, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 3 Vangdoth Hathira S/o Bodya, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 4 Keethavath Sevya S/o Keerya, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 5 Dhanavath Ramji S/o Jandya, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 6 Dhanavath Saida S/o Jandya, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 7 Dhanavath Veera S/o Dhasharath, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 8 Dhanavath Sevya S/o Dhebra, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 9 Dhanavath Usha S/o Jamla, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 10 Dhanavath Badru S/o Dhasharath, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 11 Kethavath Senya S/o Keerya, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 12 Vangdoth Kagya S/o Sakru, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 13 Ambati Somamma W/o Veeraiah, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 14 Utukoori China Narayana Reddy S/o Laxma Reddy R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 15 Gandam Venkamma W/o Lingaiah, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 16 Gandam Saidaiah S/o Mallaiah, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 17 Gandam Mallamma S/o Nagaiah, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 18 Kunduru Krishna Reddy S/o Venkat Narsaiah, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 19 Kunduru Seshi Reddy S/o Venkat Narsaiah, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 20 Kethavath Veerya S/o Jodya, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. 21 Gangula Lingaiah S/o Ramaiah, R/o Dilawarpur Village, Dameracherla Mandal, Nalgonda District. ... PETITIONERS AND 1 The Secretary to Government of A.P. Irrigation and Command Area Department, Secretariat, Hyderabad. 2 The Special Collector (SLBC/SKSP), Huda Complex, Tarnaka, Hyderabad. 3 The Special Deputy Collector, SLBC, Gandhamvarigudem Village, Nalgonda District. 4 The Executive Engineer (R&B CAD), Miryalaguda, Nalgonda 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 an appropriate Writ order or direction particularly one in the nature of Writ of Mandamus directing the respondents to pay the compensation due to the Petitioners by initiating Land Acquisition Proceedings for the Lands of the Petitioners situated in Sy.Nos. 321 to 323, 326, 331 to 333, 462, 463, 467, 468, 471, 480 to 484 and 465 of Dilawarpur Village, Damerecherla Mandal, Nalgonda District that were taken possession for laying C.A.D.A. Road from Venkatadripalem to Dilawarpur i.e. O KM to 14Kms and pass such other order or orders. Counsel for the Petitioners: MR. R. RAMACHANDRA REDDY Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following: ORDER: Neither the learned counsel for the petitioners is prepared to argue nor the learned Assistant Government Pleader is ready with the bundle or the case papers. There is no assistance to this court from either of the counsel. 2. I have gone through the writ aﬃdavit and it the case of the petitioners that they are the owners and pattadars of the agricultural lands in Sy.Nos.321, 322, 323, 326, 331,332, 333, 462, 463, 467, 468, 471, 480, 481, 481, 483, 484 and 465 of Dilawarpur Village of Damaracherla Mandal of Nalgonda District. While so, the ﬁrst respondent/Secretary to Government – Irrigation and Command Area Development Department and the fourth respondent/Executive Engineer (R&B) (CAD), Miryalaguda, Nalgonda District, proposed to lay a road called CADA Road i.e. Command Area Development Ayacut road from Venkatadripalem to Dilawarpur from 0 KM to 14 KM and for that purpose they took possession of the lands of the petitioners along with other lands situated in Annaram village. The lands of the petitioners fall between 12 KM and 14 KM of the proposed road and insofar as the land lying in 0 KM to 12 KM, a declaration under Section 6(1) of the Land Acquisition Act (for short ‘the Act’) was published in the oﬃcial Gazette on 03.09.1997 invoking the urgency clause under Section 17(3-A) of the Act proposing to pay 80% compensation. As the compensation was not paid, a writ petition in W.P.No.24690 of 1998 was ﬁled and the same was disposed on 22.12.1998 directing the Special Deputy Collector, Land Acquisition, SLBC, Gandhamvarigudem, to pass the award, if not already done, within a period of four months from the date of the receipt of a copy of the said order and further directed to deposit 80% of the compensation as required under Section 17(3-A) of the Act, if not already done, within a period of two months. 3. The case of the petitioners is that they have got issued a legal notice under Section 80 of the Code of Civil Procedure dated 13.10.2000 through their advocate to the respondents to take steps to notify the lands shown in the schedule and arrange the payment of compensation, but there was no reply or response. 4. I am not inclined to express any opinion as to whether the lands of the petitioners were already taken over by the respondents for the purpose of laying the road or not, more so, when no counter has been filed or forthcoming. 5. Having regard to the facts and circumstances of the case, the petitioners are directed to ﬁle a fresh representation before the respondents 3 and 4 within two weeks from the date of receipt of a copy of this order in continuation of their earlier legal notice dated 13.10.2000 and if any such representation is ﬁled, the same may be considered and disposed of within four weeks thereafter. The writ petition is accordingly disposed of. There shall be no order as to costs. ________________ V. ESWARAIAH, J August 26, 2008 DSK