IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 9096 of 2001 Between: M.V.Punna Rao S/o Veeraiah, R/o H.No:15-15-41, Behind Chirala Andhra Bank, Prakasam District ..... PETITIONER AND 1 The District Collector Prakasam District at Ongole. 2 The District Social Welfare Officer Prakasam District at Ongole 3 The Mandal Revenue Officer, Chirala, Prakasam District ..... RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order, direction or order, more especially one in the nature of writ of Mandamus declaring the action of the respondents in acquiring the lands of the petitioner and his brothers in T.S.No:19/1 of Perala Village, Prakasam District without paying compensation as wholly illegal, arbitrary and without jurisdiction and direct the respondent to pay compensation with direct the respondent to pay compensation with damages and interest at the rate 18% and further direct the respondents to refer the matter under Sec.18 of the Land Acquisition Act, 1894 to the Civil Court and to pass such other and further orders as this Court may deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.P.SRI RAGHU RAM Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : (order follows next page) THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 9096 of 2001 O R D E R : This writ petition is filed by the petitioner seeking a writ of mandamus, declaring the action of the respondents in acquiring the lands of the petitioner in T.S.No.19/1 of Perala village, Prakasam district without paying compensation as wholly illegal, arbitrary and without jurisdiction and direct the respondents to pay the compensation with damages and interest @ 18% per annum and further direct the respondents to refer the matter under section 18 of the Land Acquisition Act to the civil court. 2. It is averred in the writ petition that the petitioner himself, his brothers and sisters are the owners of the land in T.S.No.19/1 of Perala village, Prakasam district, in an extent of Ac:0-59 ¾ cents of dry land which belongs to their father and they inherited the same. The said land is situated in Perala village of Prakasam district. Pursuant to the 4 (1) notification dated 14-4-1976, the said land was acquired and an award no. 12/92 was passed on 29-3- 1982. Thereafter made a representation, about which the petitioners had no knowledge. They made a representation dated 02-2-1987 and 31-7-1987 seeking reference of the matter under section 18 of the Land Acquisition Act to the Civil Court. It is their case that no compensation was paid to them nor the matter was referred to the civil court. Therefore, they filed WP.No.13081 of 1987 seeking a direction to the respondents to refer the mater under section 18 of the Land Acquisition Act. By order dated 13-9-1993 this court disposed of the writ petition directing the respondents to pas orders on the application 02-2- 1997 within a period of four weeks from the date of receipt of the copy of the order. Since no orders have been made by the respondents. The petitioner made another representation dated 06-8-1996. Even then no action has been taken on the said representation nor they complied with the orders passed by this court, even the complaint of the writ petitioner in the writ petition. 3. No counter has been filed. It is the case of the petitioner that they are the owners and that their brothers and sisters are the owners of land in an extent of Ac:0-59 ¾ cents of dry land situated in T.S.No.19/1 at Perala village, Prakasam district. Pursuant to the 4 (1) notification, the authorities have issued a notification under section 4 (1) of the Land Acquisition Act, dated 04-4-1976 seeking to acquire the land in question for the house sites to the weaker sections of the village. It is their case that without following the due process of law by issuing a proper notice under section 9 (iii), section 12 (2) of the Act, an award no.12/82 was passed on 29-3- 1982. They were not paid the compensation pursuant to the said award. Even then it is their case that they made a representation on 02-2-1987 and 13-7-1987 requesting the Land Acquisition Officer to refer the matter under section 18 of the Land Acquisition Act seeking enhancement of the compensation. It is also their case that they were not paid the compensation. Under those circumstances, they got issued a lawyer’s notice dated 12-3- 1980. Therefore, they were constrained to file WP.No.13081 of 1987 seeking a direction to the respondents to make a reference to the Civil Court under section 18 of the Land Acquisition Act for enhancement of the compensation. 4. This Court by an order dated 13-9-1993 disposed of the writ petition directing the respondents to pass appropriate orders on the representation dated 02-2-1997 referring the matter to the Civil Court in accordance with law, within a period of four weeks from the date of receipt of a copy of the order. As no orders have been passed, pursuant to the orders passed by this court, again they were constrained to make a representation. Thereafter, in spite of the same, no action has been taken. Again they sent a representation dated 06-8-1996 through registered post with acknowledgement due requesting the authorities to refer their case for pr9oper adjudication under section 18 of the Land Acquisition Act for enhancement of the compensation. As no orders have been passed, they filed a representation. It is their further case that the action of the respondents in not making a reference of their case under section 18 of the Land Acquisition Act seeking enhancement of compensation would amount to violation of Article 21 and 300-A of the Constitution of India. 5. No counter has been filed. 6. Having regard to the submissions made by the learned counsel for the petitioner and having regard to the facts and circumstances narrated in the affidavit filed in support of the petition, I am of the opinion that the ends of justice would be made if the writ petition is disposed of with a direction to the respondents to take necessary action in the matter. 7. Accordingly, the writ petition is disposed of with the following terms: the respondents are directed to consider the case of the petitioner and pass appropriate orders on the representation dated 02-2-1987 made by the petitioner, which was already directed to be disposed of by this court by an order dated 19-3-1993 in WP.No. 13081 of 1987 and thereafter a representation dated 06-8- 1996 stated to have been made by the petitioner and pass appropriate orders within a period of four weeks from the date of receipt of a copy of the order. 8. With the above direction, the writ petition is disposed of. No costs. JUSTICE G.CHANDRAIAH. 19-11-2008. I s L. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SAM}