IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 16382 of 2005 Between: 1 S.Kameswara Rao S/o. Rama Rao R/o. Madaram Village Bellampally Adilabad District. 2 T. Gopalachary S/o. T. Ramachary R/o.No.129, III Phase, Dollars Colony J.P.Nagar IV Phase Bangalore. 3 Smt. Kodali Bhaskaramma W/o. Late Kodali Venkateswara Rao R/o. Kalavapamula Via Vuyyur Krishna District. 4 Smt. Jyothi D/o. Late Kodali Venkateswara Rao R/o. Kalavapamula via Vuyyur Krishna District 5 K. Sashi Kumar S/o. Dr. K. Brahmananda Rao University Road Hyderabad. ..... PETITIONERS AND 1 The Land Acquisition Officer/Sub-Collector Asifabad Adilabad District. 2 The District Collector Adilabad. 3 The State of A.P Rep.by its Secretary, TR&B (Ports) Dept., Secretariat Hyderabad. .....RESPONDENTS Counsel for the Petitioners:MR.P.ROY REDDY Counsel for Respondent Nos.1 & 2: AGP FOR LAND ACQUISITION The Court made the following : ORDER: At the interlocutory stage, the writ petition itself is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a writ of mandamus to declare the inaction of respondent No.1 in disposing of the applications of the petitioners under Section 28A of the Land Acquisition Act, 1894 (for short ‘the Act’) for re-determination of the amount of compensation payable to them in terms of judgment and decree, dated 15.02.2001 in O.P.No.2 of 1992 on the file of Senior Civil Judge, Asifabad as illegal and arbitrary. The petitioners sought for a consequential direction to respondent No.1 to re-determine the amount of compensation. Heard Sri P.Roy Reddy, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition and perused the record. The learned counsel for the petitioners submitted that though the petitioners made applications under Section 28A of the Act to re- determine the amount of compensation in terms of judgment and decree, dated 15.02.2001 in O.P.No.2 of 1992 pertaining to the lands covered by a common notification and belonging to other land owners, no action has been taken so far. In the counter-affidavit filed by Dr. Ilambarithi K, Sub-Collector and Land Acquisition Officer, Asifabad Division, Adilabad District, it is inter alia admitted that the petitioners filed separate applications under Section 28A of the Act within the period of limitation. He, however, averred that against the judgment and decree in O.P.No.2 of 1992, the respondents filed A.S.No.1793 of 2001 in this Court and obtained conditional stay of payment of enhanced compensation. He pleaded that pendency of the said appeal is the reason for his not disposing of the petitioners’ applications and had undertaken that he would pass appropriate orders for re-determination of compensation on the disposal of the above appeal. Having regard to the above-mentioned averments contained in the counter-affidavit, the writ petition is disposed of with the direction that immediately after disposal of A.S.No.1793 of 2001, respondent No.1 shall pass appropriate orders on the pending applications of the petitioners under Section 28A of the Act after notice to the petitioners. As a sequel to disposal of main petition, WPMP.No.20825 of 2005 filed by the petitioners for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 27th June, 2008. kvni