THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.19574 of 2007 Date : 3-11-2009 Between : Mettu Praveen s/o.late Pentaiah .. Petitioner And The Land Acquisition Officer-cum Special Deputy Collector, Hyderabad Urban Development Authority, Secunderabad and another .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.19574 of 2007 ORDER: 1. On 23-10-2009, this Court issued rule nisi. 2. The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondents in not considering the petitions filed by the petitioner dated 10-10-2001 and 3-8-2007 under Section 28-A of Land Acquisition Act in pursuance of the Judgment and decree in A.S.No.359/2002 dated 5-4-2007 of this Court as illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequently to direct the respondents to forthwith initiate steps by considering the petitions filed by the petitioner for payment of redetermined market value benefits under Section 28-A of the Land Acquisition Act in the interest of justice and to pass such other suitable orders. 3. It is stated that by the writ petitioner that his father purchased the lands covering O.P.No.682/91 to an extent of Acs.3-20 gts. in Sy.No.372/E under registered document No.1325/1981 dated 23-4-1981 and he got it mutated in his name in the revenue records. It is further stated that while the matter stood thus, the respondents sent a requisition in the year 1982 for acquisition of the lands at Thellapur Township for extension of Ramachandrapuram Ring Road Phase-V. Accordingly, draft notification was published on 11-7-1984 to a total extent of Acs.435-02 and subsequently questioning the market value application was filed to refer the matter to the Civil Court and therefore O.P.No.784/92 was placed before the Additional District Judge, Medak at Sangareddy. 4. It is also stated that in so far as the petitioner’s lands are concerned, the same were referred in O.P.No.682/91 under Section 30 of the Land Acquisition Act and the Civil Court after prolonged hearing decided the O.P. against the petitioner and therefore questioning the decision in O.P.No.682/91 an Appeal A.S.No.359/2002 had been filed. It is also further stated that this Court in its judgment dated 5-4- 2007 allowed the Appeal holding that the decree passed by the Reference Court in O.P.No.682/91 to the extent of apportioning the share of claimant No.5 over an extent of Acs.3-20 guntas to the share of claimants 1 and 2 and consequently held that the creation of charge over the compensation of claimant No.6 is unsustainable and accordingly set aside the same and while so doing the claimant No.3 who is the deceased father of the petitioner was declared entitled to receive the said compensation. 5. It is also further stated that in pursuance of the common Judgment of the Reference Court in O.P.No.784/92 and Batch dated 29-6-2001, the petitioner’s father filed an application under Section 28- A of the Land Acquisition Act for redetermination of the market value on 10-10-2001 and soon after the Appeal A.S.No.359/2002 was allowed on 5-4-2007, the petitioner submitted another petition attaching the Judgment and decree of entitlement in A.S.No.359/2002 to the respondents claiming the benefits under Section 28-A of the Land Acquisition Act in terms of the Judgment of the Apex Court in Sunder Vs. Union of India [1] to a tune of Rs.8,32,486/-. 6. It is further stated that in spite of the Judgment and decree of this Court in A.S.No.359/2002 and the application that was filed long back on 10-10-2001 and also on 3-8-2007, the respondents are not issuing any further proceedings and taking steps to redetermine the market value and to pay the compensation and hence the action of the respondents is wholly illegal, arbitrary and violative of Article 300-A of the Constitution of India and unless appropriate directions are issued to the respondents, the respondents are not in a position to move the file and to do justice. 7. No counter affidavit had been filed. 8. As can be seen from the facts and circumstances of the case, the petitions had been filed by the deceased father of the petitioner on 10-10-2001 and also by the petitioner himself on 3-8- 2007 under Section 28-A of the Land Acquisition Act in pursuance of the Judgment and decree of this Court in A.S.No.359/2002 dated 5-4- 2007. It is needless to say that in a case of this nature, the said petitions are to be disposed of in accordance with Law by the respondents. 9. Accordingly, the 1st respondent is hereby directed to consider the petitions of the petitioner dated 10-10-2001 and 3-8-2007 under Section 28-A of the Land Acquisition Act in pursuance of the Judgment and decree of this Court in A.S.No.359/2002 dated 5-4-2007 in accordance with Law, within a period of four weeks from the date of receipt of this order. 10. The Writ Petition is allowed to the extent indicated above. No costs. ______________________ Justice P.S. Narayana Date : 3-11-2009 AM [1] 2001(1) SCC 211