IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2875 of 2005 Between: N. Radha Krishnaiah … Petitioner AND The Land Acquisition Officer & Revenue Divisional Officer, Penukonda, Ananthapur District & another. … Respondents Counsel for the petitioner : Sri M.V. Suresh Kumar Counsel for the respondents: AGP for Land Acquisition This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2875 of 2005 ORDER:- At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. Heard Sri M.V. Suresh Kumar, learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition for the respondents. The grievance of the petitioner in short in this writ petition is that though an extent of Ac.6.23 cents in Sy.No.445-3 of Kondakamarla Village, O.D. Chervu Mandal, Ananthapur District, was acquired by the respondents for providing house sites to the Scheduled Caste beneficiaries, no compensation has been paid. In the counter-affidavit filed by the Revenue Divisional Officer and Land Acquisition Officer, Penukonda, Anantapur District, it is stated that with respect to Ac.3.00 of land in Sy.No.445/3B, notification under Section 4(1) and declaration under Section 6 of the Land Acquisition Act, 1894 (for short, ‘the Act’) were issued and award was passed for a sum of Rs.2,25,000/- on 18.11.2004 and that a demand draft for the said amount was prepared and kept ready for payment to the petitioner. It is stated that notice under Section 12 (2) of the Act was issued to the petitioner, but the same was returned un-served with an endorsement by the Mandal Revenue Officer to the effect that “Awardee is not residing in Kondakamarla Village and that they have been residing in Bangalore city”. With reference to the extent of Ac.2.93 cents in Sy.No.445/3D, it is stated that the draft notification and declaration were published as prescribed under the provisions of the Act in the year 2004 and notices under Sections 9 (3) and (10) of the Act have not been issued to the petitioner and that after issuing notice to the petitioner and conducting award enquiry, an award will be passed. Since payment of compensation in respect of Ac.3.00 of land for which an award was already passed was not made purportedly on the ground of non-availability of the petitioner in the village concerned, the learned counsel for the petitioner stated that the petitioner may be given liberty to approach respondent No.1 and claim the compensation. Accordingly, the petitioner is permitted to approach respondent No.1, who, on the petitioner approaching him, shall handover the necessary demand draft/pay order to him. With regard to the extent of Ac.2.93 cents, though the counter-affidavit was filed in March, 2005 and 3 years elapsed since then, it is not known whether an award had been passed. If the award enquiry is not conducted so far and award is not passed, respondent No.1 is directed to conduct enquiry after giving notice to the petitioner. To facilitate issue of such notice, the petitioner shall, within four weeks from today, approach respondent No.1 and furnish his address. Respondent No.1 shall complete the award enquiry in which the petitioner is permitted to raise all objections including the objection relating to the extent of land and the amount of proposed compensation. Respondent No.1 shall complete the award proceedings within a period of three months from today. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.3881 of 2005 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 25.06.2008 ES