IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 7764 of 2002 Between: 1 Kosuri Venkata Subbaraju, S/o. Jagapathi Ramaraju, R/o. A.S. Raju Nagar, Bheemavaram, West Godavari District. 2 Kanumuri venkata Narasimharaju, S/o. Subbaraju, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 3 Andraju Vishnumurthy, S/o. Abbaiah, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 4 Gottumukkala Surapparaju, S/o. Bangarraju, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 5 Ramani Seetharama Swamy, S/o. Chennaiah, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 6 Ramani Vara Lakshmi, W/o. Ramani Seetharama Swamy, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 7 Indukuri Lakshmamma, w/o. Satyanarayanaraju, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 8 Ramani Narayana, S/o. Ramani Seetharama Swamy, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 9 Andraju Lakshmana Swamy, S/o. Abbaiah, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 10 Andraju Lakshmi, W/o. Vishnumurthy, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 11 Andraju Bhagya Lakshmi, W/o. Andraju Lakshmana Swamy, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 12 Koppadi Muthyalu, S/o. Ramaswamy, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 13 Ramani Nageswara rao, S/o. Chennaiah, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 14 Kanumuri Anjaneya Raju, S/o. Subbaraju, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 15 Vegalla Viwanatha Raju, S/o. Subbaraju, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 16 Andraju Rama Murthy, S/o. Vishnumuirthy, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. 17 Indukuri Parvathamma, W/o. late Ramaraju,, R/o. Pathapadu Sivaru Kantha Village, Kalipatnam Post, Mogalthur Mandal, West Godavri District. ..... PETITIONERS AND 1 The District Collector, Eluru, West Godavri District. 2 The Land Acquisition Officer -Cum- Sub-- Collector, Narsapur Division, Narsapur, West Godavri District. 3 The Mandal Revnue Officer, Mogalthur Mandal, Mogalthur, West Godavri District. 4 The Government of Andhra Pradesh, Rep. by its Prl. Secretary, Irrigation & Command Area Development, Secretariat, Hyderabad. ....RESPONDENTS Counsel for the Petitioner:MR.C.B.RAMMOHAN REDDY Counsel for respondents: AGP FOR LAND ACQUISITION The Court made the following : O R D E R: This writ petition is filed for a writ of Mandamus to declare the inaction of the respondents in passing award under Section 11 of the Land Acquisition Act, 1894 (for short “the Act”) in respect of the lands of the petitioners comprised in Survey Nos.226 to 230 of Pathapadu Shivar, Kantha Village, Mogalthur Mandal, West Godavari District as illegal and arbitrary. In their affidavit, the petitioners pleaded that their lands comprised in the above mentioned survey numbers were acquired under notification dated 13-07-1992 and declaration dated 13-10-1992 issued under Sections 4(1) and 6 of the Act respectively; that by his proceedings dated 20-08-1992, respondent No.2 deposited 80% of the compensation as required under Section 17(3-A) of the Act and that he conducted award enquiry, but no award has been passed. It is further stated that respondent No.2, by his proceedings dated 03-04-1994, sought for sanction for payment of 80% of the compensation to the petitioners, which will be deducted in the final payment after passing award under Section 11(2) of the Act, and that thereafter the petitioners received 80% of the compensation amount as tentatively fixed by respondent No.2. The grievance of the petitioners is that the respondents failed to pass award under Section 11 of the Act. At the hearing, the learned Assistant Government Pleader for Land Acquisition placed before me fax letter dated 07-08-2008 addressed by the Revenue Divisional Officer, Narsapur, West Godavari District to the Government Pleader for Land Acquisition, wherein he informed that the market value of the land was fixed at Rs.90,000/- per acre excluding the structural value and damages to the prawn existing in the tanks, tentative compensation amounting to Rs.16,82,000/- was paid in August, 1992 and the balance of 80% compensation, after its final determination, which came to Rs.55,58,828/- was paid in April, 1994 and that consent award under Section 11(2) of the Act was passed vide award No.1/94-95 dated 15-04-2004 for Rs.1,20,86,904/-. It is also stated that the balance amount of Rs.48,46,076/- is not paid due to non-release of required funds by the requisitioning department. From the above mentioned fax letter, it is evident that a sum of Rs.48,46,076/- is payable to the petitioners towards balance of the compensation amount awarded under consent award dated 15-04-2004. The writ petition, which is filed for directions to the respondents to pass the award, has, therefore, become infructuous with the passing of award on 15-04-2004 i.e., subsequent to the filing of this writ petition. The writ petition is, therefore, disposed of as infructuous with the direction to the respondents to pay the balance amount of Rs.48,46,076/- to the petitioners, within a period of three (3) months from the date of receipt of a copy of this order. C.V.NAGARJUNA REDDY, J Dated 13th August, 2008 vrn