HON’BLE MR.JUSTICE R. SUBHASH REDDY Writ Petition No.15865 of 2008 Date: August 8, 2011 Between: Karri Chinnammulu, W/o.Pothuraju, Aged 28 years, R/o.Gudupudi Veedhi, Salur, Vizianagaram District … Petitioner And Government of A.P., represented by the Principal Secretary, Revenue Department, A.P. Secretariat, Hyderabad, and others … Respondents Order: This writ petition is filed seeking mandamus declaring the action of respondents 2 to 4 in not paying compensation as per G.O.Ms.No.892, dated 28.05.2007 to the petitioner for the land admeasuring Ac.2.36 cents covered by Sy.No.68-2, situated at Chinakhandepalli village, Srungavarapukota Mandal, Vizianagaram District as illegal and arbitrary and a consequential direction to the respondents to pay compensation to her for the aforesaid land. In the affidavit filed in support of the writ petition, it is stated that the petitioner made an application to the 3rd respondent- Revenue Divisional Officer, Vizianagaram Revenue Division, Vizianagaram for assignment of land in the year 1989. Pursuant thereto, vide proceedings Dr.No.5/1398/89, dated 15.08.1989, the then Mandal Revenue Officer, Srungavarapukota Mandal, granted D-Form Patta over an extent of Ac.2.36 cents in Sy.No.68-2, situated at Chinakhandepalli village, Srungavarapukota Mandal. While so, it is stated that Government, vide G.O.Ms.No.892 dated 28.06.2007, issued orders for alienation of about Ac.866.67 cents in favour of M/s.JSW Aluminium Co. Ltd., and arrived at compensation of Rs.2,00,500/- payable to the assignee apart from payment of Rs.75,000/- towards additional land value to the Government. It is the case of the petitioner that she was granted D-Form Patta for the land in question and as much as the said land is taken over for the purpose of alienation to M/s.JSW Aluminium Co. Ltd., she is entitled for payment of compensation. The Joint Collector (FAC) Vizianagaram District has filed a detailed counter-affidavit. While denying the allegations of the petitioner, in the counter-affidavit, it is stated that D-Form Patta for the land in question was issued to one Smt.Karri Chinnammalu, W/o.Somaraju, the fifth respondent herein. It is stated that assignment of the land in question was made in favour of the fifth respondent herein, but not the petitioner. It is further stated that one Sri Geda Mutyalanaidu has managed to bring a woman and made attempts to obtain compensation on the ground that she is Smt.Karri Chinnammalu, the assignee. A copy of the original D-Form Patta is also placed on record. A bare reading of the said document clearly indicates that the land in question is assigned to Smt.Karri Chinnammalu, W/o.Sri Somaraju, but not to the petitioner, whose husband’s name is Sri Pothuraju. In addition to the same, it is clear from the counter-affidavit that the original file is intact and it shows that the name of the assignee is Karri Chinnammalu, who is the fifth respondent herein, but not the petitioner. During the course of hearing, it is also brought to the notice of this court that on the complaint filed against the petitioner, a criminal case is also registered and is pending trial. In view of the fact that the very assignment of the land in question, which is alleged to have been made to the petitioner, is disputed, and it is categorically stated in the counter-affidavit that the land in question is in fact assigned to the fifth respondent but not to the petitioner, no relief as sought can be granted. Writ petition is devoid of merits and is accordingly dismissed. However, it is made clear that the criminal proceedings initiated against the petitioner are to be dealt with independently on their own merits and evidence. No order as to costs. _______________________ (R.SUBHASH REDDY, J) August 8, 2011 MRR