HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.25764 of 2008 Date : 20-11-2009 Between : Smt.K.Bharathamma w/o.late Narasimha Reddy, .. Petitioner and The Special Collector and Land Acquisition Officer, Outer Ring Road, office at HUDA complex, Tarnaka, Hyderabad. .. Respondent HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.25764 of 2008 ORDER: 1. This Court issued rule nisi on 2-2-2009. 2. Counter affidavit had been filed. 3. The Writ Petition is filed for a writ of mandamus declaring the action of the respondent in neither making payment of compensation to the petitioner to the extent of Ac.2-02 gts. in Sy.No.213 and 243 which was acquired for the purpose of Outer Ring Road nor referring the award in respect of the said land to the Civil Court for the purpose of apportionment of the compensation under Section 30 of the Land Acquisition Act as illegal, unlawful, arbitrary and consequently to direct the respondent either to make the payment of the compensation to the petitioner in respect of her share in the above mentioned survey numbers or to refer the same to the Civil Court for the purpose of apportionment of compensation and to pass such other suitable orders. 4. Several averments had been made in the affidavit filed in support of the Writ Petition. Equally a counter affidavit in detail had been made. It is stated in para-4 of the counter affidavit that the petitioner had submitted consent affidavit on 20-2-2008 enclosing the pattedar pass book No.219 for payment of compensation to an extent of Ac.1-38 gts. in Sy.Nos.242 and 244. The particulars of the enjoyers of the land in Sy.Nos.213, 242 and 244 based on the enjoyment survey conducted had been given. In para-5 of the counter affidavit it is stated that as per record and enjoyment survey the compensation of Rs.15,60,000/- by way of cheque No.364272 dated 24-4-2008 through Legal Services Authority, Lok Adalath, Ranga Reddy District on 26-6- 2008 under PLC No.1778/2008 had been paid to the petitioner to an extent of Acs.0-08 gts. in Sy.No.242 and an extent of Acs.1-30 gts. in Sy.No.244. Specific stand had been taken in para-6 of the counter affidavit that Sy.No.243 is not at all affected in the formation of Outer Ring Road and the same is not under acquisition. In para- 7 of the counter affidavit it is stated that the petitioner also is a pattadar to an extent of Ac.1-35 gts. in Sy.No.213 and as per the enjoyment survey the petitioner’s land is not affecting in the formation of Outer Ring Road and hence the same is not being acquired and hence payment of compensation to the said extent does not arise. Further it is stated in para-8 of the counter affidavit that because of non-submission of documents by the petitioner/purchaser/interested ns for an extent of Ac.2-28 ½ gts. in Sy.No.244, no compensation was paid and the matter had been referred to Civil Court under Section 30 of the Land Acquisition Act in award Proc.No.L.A./Unit- IV/4/2005 dated 18-4-2008. 5. In the light of the averments made in paras 6, 7 and 8 of the counter affidavit, this Court is of the considered opinion that no further orders need be passed in the present Writ Petition. 6. Accordingly, the Writ Petition is accordingly disposed of. No costs. _________________ Justice P.S.Narayana Date : 20-11-2009 AM