IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 321 of 2002 Writ Appeal under Clause 15 of the Letters Patent against the Order passed in WP. 3281 of 1994, dated: 26-11-2001, passed by the Hon’ble High Court. Between: 1. The District Collector, (SW Dept.), Mahaboobnagar 2. The Mandal Revenue Officer, (Land Acquisition Officer), Mahaboobnagar ..... Appellants/Respondents AND 1. Smt. M.Yellamma (Died) 2. M.Buggaiah s/o Late Chinnaiah, R/o. D.No. 2-11-84, Aslamkhan Street, Mahaboobnagar 3. M.Yellappa S/o Late Chinnaiah, R/o. D.No. 2-11-84, Aslamkhan Street, Mahaboobnagar 4. M.Sivappa S/o late Chinnaiah, R/o. D.No. 2-11-84, Aslamkhan Street, Mahaboobnagar 5. M.Veera Bhadraiah s/o late Chinnaiah, R/o. D.No. 2-11-84, Aslamkhan Street, Mahaboobnagar 6. M.Mallaiah S/o Late Chinnaiah, R/o. D.No. 2-11-84, Aslamkhan Street, Mahaboobnagar (Respondents 5 and 6 herein rep. By their power of Attorney Holder Sri M.Sivappa, 4th Respondent herein) RR.2 to 6 (who are already on record are brought on record or LR’s of the deceased 1st respondent as per court order in WAMP. No. 3078 of 2003 dated 24- 10-2003) .....Respondents/Petitioners The Appeal coming on for hearing upon perusing the Appeal and the grounds filed herein, and the order of the High Court dated: 11-03-2002 made in WAMP.No. 564 of 2002, and order dated 7-4-2009 in WAMP. NO. 574 of 2009 and upon hearing the arguments of the G.P. for Land Acquisition, for the Appellants and of Sri Syed Shareef Ahmed, Advocate for the Respondent, the Court made the following; ORDER: “The learned counsel for the respondent asserts that the disputed land was acquired and the houses have been constructed thereon and that the contention of the learned G.P. that the land has been de-notified for redelivery of the possession on the paper cannot be accepted. In the facts and circumstances of the case and in view of the controversy with regard to the availability of the vacant site admeasuring to an extent of Ac. 1.31 cents in S. NO. 1032 of Mahaboobnagar town, we deem it just and proper to direct the District Judge, Mahaboobnagar District to send a report with regard to the availability of the vacant site in S.No. 1032 of Mahaboobnagar town after making an inspection in the presence of the Mandal Revenue Officer, Mahaboobnagar and also the parties viz., M.Buggaiah and others and the official respondents. However, it is made clear that the Mandal Revenue Officer and the District Collector shall issue notices to the concerned partiers viz., M.Buggaiah and others to approach the District Judge, Mahaboobnagar District so as to ascertain the date of inspection. The Registry is directed to fax this order to the District Judge, Mahaboobnagar District and also the District Collector, Mahaboobnagar District forthwith. Post after two (2) weeks for the report of the District Judge.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The District Judge, Mahaboobnagar District, Mahaboobnagar 2. The District Collector, Mahaboobnagar District, Mahaboobnagar 3. The Mandal Revenue Officer, Mahaboobnagar District, Mahaboobnagar (Addressees 1 to 3 BY RPAD) 4. The Registrar (Judl.), High Court of A.P., Hyderabad (OUT) 5. The Section Officer, Writ filing Section, High Court of A.P., Hyderabad 6. Two CCS to G.P. for Land Acquisition, High Court of A.P., Hyderabad (OUT) 7. Two Spare Copies AB HIGH COURT Ab Drafted on 2-7-2009 TMKJ & SKJ DATE: 01-07-2009 NOTE: POST AFTER TWO WEEKS ORDER WA. NO. 321 OF 2002 DIRECTION