THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION. No.818 of 2008 Date: 22.01.2008 Between: Rodda Srinivasulu & others. … Petitioners AND The State, rep., by its District Collector, Kurnool District at Kurnool & another. … Respondents Counsel for the petitioners : Sri V.R. Avula Counsel for the respondents : Assistant Government Pleader for Land Acquisition THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION. No.818 of 2008 ORDER:- This writ petition is filed for a writ of mandamus to declare that the extent of Ac.0.71½ cents of land comprised in Sy.No.2311 of Nandyal Village and Mandal, Kurnool District, belonging to the petitioners, is entitled to be deleted from the acquisition proceedings initiated and completed in Nandyal Municipality under IUDP Scheme. Heard Sri V.R. Avula, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. Learned counsel for the petitioners submitted that an extent of Ac.96.64 cents of land comprised in Sy.Nos.2311 and 2314 etc., of Nandyal village and Sy.No.410/1 etc., of Nunepally village was acquired for Nandyal Municipality under IUDP Scheme by notification dated 12.01.1983. An extent of Ac.0.77½ cents situated in Sy.No.2311 of Nandyal Village and Mandal which belonged to the father of the petitioners was also subject matter of the acquisition and that one Allam Sanjappa filed Writ Petition No.12435 of 1986 on behalf of St. Mary Fatima School Teaching and Non-Teaching Staff Sangam, Nandyal, wherein he questioned the legality and validity of the acquisition proceedings in respect of the land situated in Sy.Nos.2311 and 2314 of Nandyal Village and that this Court by order dated 05.06.1987 passed in Writ Petition No.12435 of 1986 quashed the draft notification issued under Section 4(1) of the Land Acquisition Act, 1894 on the ground that the acquisition in question is said to be for a public purpose. Learned counsel further submitted that the Nandyal Municipal Council passed Resolution No.67 dated 29.04.1989 deciding not to prefer appeal against the said judgment and that therefore the same has become final. It is further submitted that before the said judgment was rendered, award was passed and a sum of Rs.43,634/- awarded in respect of the petitioners’ land was received by their father. Learned counsel stated that in view of the said judgment and the resolution of the Nandyal Municipal Council, one Smt. M.Ramalingamma, W/o. Manthri Narsmhulu filed a representation before the Revenue Divisional Officer, Nandyal, respondent No.2, for deletion of her land measuring Ac.0-71½ cents from acquisition and respondent No.2 vide his proceedings Rc.No.784/2004 dated 21.06.2007 accepted the said representation and directed deletion of the said property from acquisition and also further directed the Tahsildar, Nandyal to make necessary changes in the revenue accounts. He claims that the petitioners also filed representation on 27.12.2007 before respondent No.2 for a similar relief, but so far, he has not passed any order. Learned Assistant Government Pleader for Land Acquisition says that respondent No.2 will consider the representation filed by the petitioners and take appropriate decision thereon. In view of the facts narrated above, if the petitioners are similarly situated as Smt. M. Ramalingamma, there is no reason for respondent No.2 for not passing a similar order in their case as well. Therefore, I deem it appropriate to dispose of the writ petition with a direction to respondent No.2 to consider representation dated 27.12.2007 said to have been made by the petitioners for deletion of an extent of Ac.0.71½ cents of land in Sy.No.2311 of Nandyal Village and Mandal and if it is found that the petitioners are similarly placed as Smt. M. Ramalingamma, their representation shall be positively considered for deletion. With the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.973 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J Date: 22.01.2008 ES