IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 368 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 06/11/2008 in WP NO 24326 OF 2008 on the file of the High Court.) Between: C. Anjaneyulu, S/o. Thimmappa, R/o. 28/396, Gandhinagar, Opp : Powerhouse, Anantapur . ..... APPELLANT AND 1 The Government of A.P. Rep by its Secretary to Municipal Administration, Hyderabad. 2 The District Collector, Anantapur. 3 Ananthapur Municipal Corporation, Rep by its Commissioner, Anantapur District. 4 The Revenue Divisional Officer/The Land Acquisition Officer, Anantapur. .....RESPONDENTS Counsel for the Appellant : MR.N.ASWARTHA NARAYANA Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.A.No.368 OF 2009 JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ appeal is filed by the appellant against the order of the learned single Judge passed in W.P.No.24326 of 2008 on 6.11.2008. Appellant herein is the writ petitioner. He filed the writ petition seeking to declare the action of the respondents in not passing award under Section 11 of the Land Acquisition Act, 1894 in spite of taking possession of the petitioner’s land to an extent of Ac.0.17cents situated in Sy.No.1961-1A, 1961-2A, 1961-3D in Anantapur Town, Anantapur District, which was acquired for the road widening and also to declare the action of the 3rd respondent in not effecting the transfer by registering the land admeasuring Ac.0.18 cents in pursuance of the proceedings No.11475/80/G, dt.9-2-2008 as illegal, arbitrary and violative of the principles of natural justice and consequently direct the 2nd respondent to pass award under Section 11 of the Land Acquisition Act, 1894 in respect of the petitioner’s land admeasuring Ac.0.17 cents situated in 1961-1A, 1961-2A, 1961-3D in Anantapur Town, Anantapur District and also direct the 3rd respondent to transfer ownership rights by registering the land to an extent of Ac.0.18 cents in pursuance of the proceedings No.11475/80/G dt.9-2-2008 in favour of the petitioner. The learned single Judge having observed that the impugned proceedings dated 9-2-2008 were issued, in pursuance of the orders dated 15-11-2007 in C.C.No.1099 of 2007 and thereafter, the Contempt Case was closed and though a sum of Rs.1,56,370/- was paid through the impugned proceedings, but Rs.8 lakhs was also paid at the time of closure of the contempt case and hence, the petitioner cannot independently challenge the proceedings dated 9-02-2008, dismissed the writ petition leaving it pen to the petitioner to avail such remedies, as are indicated in the order in C.C.No.1099 of 2007. Having aggrieved by the same, the present writ appeal is preferred by the writ petitioner. Heard the learned counsel and perused the entire material available on record. The material on record makes it clear that pursuant to the orders of this Court in C.C.No:1099 of 2007 in W.P.No:24963 of 2000, the proceedings dated 9.2.2008 have been issued and in pursuance of the said proceedings, an amount of Rs.1,56,370/- was paid through a cheque bearing No:8244617, dated 25.1.2008 towards the acquisition of Ac.0.17 cents of land out of Ac.0.35 cents of land. Apart from that, the material on record makes it clear that another amount of Rs.8 lakhs was also paid at the time of closure of the contempt case in question. If that being the case, it is not known as to how the petitioner could challenge the proceedings dated 9.2.2008, which have become final in the contempt case. However, the petitioner is always at liberty to seek his remedies that are available under law as rightly observed by the learned single Judge. Hence, We see no justifiable grounds to interfere with the order of the learned single judge and consequently, this writ appeal is liable to be dismissed. Accordingly, this writ appeal is dismissed. No costs. _____________________________ Justice T. MEENA KUMARI __________________________________ Justice VILAS V. AFZULPURKAR Dated 30th March, 2009. Dvs/Gurc HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.A.No.368 OF 2009 Dated 30th March, 2009.