HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.7233 of 2008 Date : 30.09.2011 Between : Ellasiri Ramanaiah. …..Petitioner And The State of Andhra Pradesh, rep. by the District Collector, Land Acquisition, Nellore District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.7233 of 2008 ORDER : This writ petition is filed, questioning the endorsement proceedings, dated 5th February 2008, issued in R.C.A.2620/06. By the aforesaid proceedings, the claim of petitioner for payment of exgratia for Ac.1.50 cents of land covered by R.S.No.385-5 of Palachuru village of Pellakuru Mandal in Nellore District, is rejected. The petitioner was the assignee of land to an extent of Ac.1.50 cents in R.S.No.385-5 of Palachuru village of Pellakuru Mandal in Nellore District. The aforesaid piece of land along with other lands totally admeasuring Ac.596.50 cents in the aforesaid village is resumed for the purpose of establishing an industrial park by the Andhra Pradesh Industrial Infrastructure Corporation Ltd. (APIIC), and the respondents have decided to pay ex-gratia for the original assignees. Though the land assigned to the petitioner was also resumed, but when he was not paid the ex-gratia amount, he has filed a representation before the respondents, but the respondents have issued the impugned endorsement, stating that as much as the wife of the petitioner was already paid ex-gratia for resumption of land covered by Sy.No.336/2 admeasuring 5 acres, petitioner is not entitled to receive any further ex-gratia. It is the case of the petitioner that the land admeasuring 5 acres in Sy.No.336/2 was originally assigned to his father-in-law, and in view of the death of the original assignee, the wife of the petitioner has succeeded to the property and in view of resumption of the aforesaid land, the wife of the petitioner was paid ex- gratia, as such, there is no valid reason to reject the claim of petitioner for payment of ex-gratia. In the counter filed by the respondents, while denying the allegations made by the petitioner, it is stated that as the wife of the petitioner was paid ex-gratia amount for the maximum assigned land of 5 acres in Sy.No.336/2 in the same village, the petitioner is not entitled for any further ex-gratia. Referring to the proceedings in BSO.15 read with G.O.Ms.No.1142, Revenue, dated 18.06.1954 and G.O.Ms.No.940, Revenue (ASN1) Department, dated 24.11.1998, it is stated that one family is eligible for assignment of dry land only to an extent of 5 acres. As much as the ex-gratia for 5 acres is already paid to the wife of the petitioner, the petitioner is not entitled for any further ex-gratia. Even from the stand of respondents in the counter affidavit, it is clear that the land in Sy.No.336/2 was originally assigned to the father-in-law of the petitioner, who is not a member of the petitioner’s family. In view of the death of the father-in-law of the petitioner, the assigned land was inherited by the wife of the petitioner, and in that view of the matter, she was paid ex-gratia for the land admeasuring 5 acres in Sy.No.336/2. As much as it is not in dispute that the petitioner was also assigned Ac.1.50 cents, which was also resumed for the purpose of establishing industrial park, he is also entitled for ex- gratia. The reference made to the Board Standing Orders with regard to eligibility of 5 acres is mis-interpreted and it cannot be applied to reject the claim of the petitioner for ex-gratia for Ac.1.50 cents of land, which is assigned to the petitioner and which is also resumed by the respondents for establishment of industrial park. The ex- gratia, which is paid for the land in Sy.No.336/2 cannot be the factor which come in the way of the petitioner for claiming ex-gratia for the land which is also resumed pursuant to the present resumption proceedings. For the aforesaid reasons, the impugned endorsement is quashed, directing the respondents to pay ex-gratia to the petitioner for the land admeasuring Ac.1.50 cents, covered by R.S.No.385-5 of Palachuru village of Pellakuru Mandal in Nellore District, which was resumed by the respondents for establishing an industrial park. The ex-gratia shall be paid on par with the other lands covered by the resumption proceedings, and the amount shall be paid within a period of two months from the date of receipt of this order. The writ petition is allowed with the directions referred above. No order as to costs. ______________________ R. SUBHASH REDDY, J 30th September 2011 ajr