THE HON'BLE MR JUSTICE V.ESWARAIAH Writ Petition No.5071 OF 2005 DT.17.3.2011 Between: Digwala Durgaiah and ors … Petitioners And The District Collector, Ranga Reddy Lakdikapool, Hyderabad and ors … Respondents Counsel for the Petitioner: Sri N Vasudeva Reddy Counsel for respondent: G.P. for Land Acquisition The Court made the following ORDER: THE HON'BLE MR JUSTICE V.ESWARAIAH Writ Petition No.5071 OF 2005 ORDER: The present writ petition is filed seeking a writ of Mandamus directing the respondents to notify the lands bearing Survey No. 142, measuring Ac.4.20 Guntas, A.4.00 guntas and Ac.5.00 guntas respectively belonging to the petitioners situated in Kothlapur village, Marpelli Mandal, Ranga Reddy district as per the provisions of Land Acquisition Act and to pay appropriate compensation. Briefly stated the facts of the case are that the petitioners herein are assignees of the subject land which was acquired for the public purpose i.e., construction of ‘Mallava Kunta Cheruvu’ and on completion of the said project, the subject lands were submerged in the tank. The petitioners claim that thought they have made several representations, they were not properly compensated. On the other hand, the respondents filed a counter affidavit stating that subject lands are required for the public purpose and as per condition No.17 of the assignment, if the assigned lands are required for the public purpose, the same will be resumed and no compensation is payable to the assignees. It is further stated that in terms of G.O.Ms.No.1307 Revenue (Assignment) Department Dated 23.12.1993, the writ petitioners are entitled to ex-gratia equivalent to market value fixed for patta lands and the same will be paid after completion of the work. Learned counsel for the petitioners contented that assignees are entitled to compensation and placed reliance on the judgment of a Larger Bench of this Court in Land Acquisition Officer cum Revenue Divisional Officer, Chevella Division, Domalguda, Hyderabad and others Vs. Mekala Pandu[1] . However, the learned Government Pleader for Land Acquisition submitted that an appeal is preferred as against the said judgment of the Larger Bench before the Hon’ble Supreme Court, wherein interim orders were passed staying the judgment of this Court and the appeal is pending. Heard the learned counsel for petitioner and learned Government Pleader for Land Acquisition and perused the material available on record. In view of interim stay granted by the Hon’ble Supreme Court and so long as the controversy as to whether the assignees are entitled to exgratia as per market value or compensation in terms of Land Acquisition Act is decided by the Hon’ble Supreme Court in the pending appeal, the petitioners are only entitled to receive the market value and are not entitled to claim any compensation in terms of Land Acquisition Act. It is pertinent to mention that in the event, the Hon’ble Supreme Court decides the matter in favour of assignees, it is always open for the assignees to revive their claim for payment of compensation. Subject to above the writ petition is disposed of. No Costs. ______________ V ESWARAIAH,J DATE: 17.3.2011 TVK THE HON'BLE MR JUSTICE V.ESWARAIAH Writ Petition No.5071 OF 2005 DT.17.3.2011 [1] 2004 (2) ALD 451 (LB)