IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2339 of 2008 Between: Smt.Prathipati Krishna Veni ..... PETITIONER AND The Revenue Divisional Officer (Land Acquisition Officer) Kovvuru Mandal, West Godavari District And 4 others .....RESPONDENTS THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2339 of 2008 ORDER: This writ petition is filed for a Writ of Mandamus to declare the action of respondent Nos.1 to 3 in seeking to dispossess the petitioner from the land of an extent of Ac.1.00 comprised in Sy.No.77, situated in Brahmanagudem village, Chagallu Mandal, West Godavari District, as illegal and violative of principles of natural justice. Heard Sri P.Satyanarayana, learned counsel for the petitioner and learned Asst.Govt.Pleader for Land Acquisition, representing respondent Nos.1 to 3. From the averments contained in the affidavit filed in support of the writ petition, it is evident that the petitioner claimed to have purchased the above mentioned property under an agreement of sale on 24.10.1991, that the petitioner was put in physical possession of the land, and when respondent Nos.4 and 5 refused to execute a registered sale deed, the petitioner filed O.S.148/1992 on the file of the learned Senior Civil Judge, Kovvur for specific performance of agreement of sale and the said suit was dismissed, that the petitioner filed A.S.90/2002 on the file of the V Addl.District Judge, West Godavari District, Eluru, against the judgment and decree passed in the said civil suit and the said appeal was disposed of, granting alternative relief of refund of sale consideration to the petitioner. The petitioner claimed to have filed a second appeal in this Court, which appears to be not assisnged regular number as yet. The grievance of the petitioner is that though he filed objections under Sec.5-A of the Land Acquisition Act, 1894 (for short ‘the Act’) against the proposed acquisition, notified under notification dated 22.05.2007 issued under Sec.4(1) of the Act, he was not given an opportunity of personal hearing and respondent Nos.1 to 3 are seeking to proceed further with the proposed acquisition. The learned counsel for the petitioner submitted that though the petitioner has not so far succeeded in the civil proceedings in getting the relief of specific performance of agreement of sale, in view of pendency of the second appeal, he is entitled to be treated as ‘person interested’ within the definition of Sec.3(b) of the Act. I have carefully considered the submission of the learned counsel for the petitioner and I have not felt persuaded to accept the same. Sec.3(b) of the Act reads as under: “ The expressesion ‘person interest’ includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land;” On the petitioner’s own showing, his claim for specific performance of agreement of sale was rejected by the trial Court and also by the lower appellate Court. Under the above reproduced definition, the person is treated as a ‘person interested’, if he can claim an interest in compensation of amount on account of acquisition of land. As on today, in the absence of any decree in his favour for specific performance of agreement of sale, the petitioner cannot claim any interest in compensation for the land proposed to be acquired. Therefore, mere pendency of second appeal, in my view, does not entitle the petitioner to claim interest in compensation and the petitioner cannot, therefore, be treated as a’ person interested’ to file his objections under Sec.5-A of the Act. For the above mentioned reasons, the Writ Petition is dismissed. As a sequel to dismissal of the writ petition, WPMP.No.3013 of 2008 filed by the petitioner for interim relief is dismissed, as infructuous. ____________________________ C.V.NAGARJUNA REDDY,J Dated: 07.02.2008 Dsr