IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTYEIGHTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN :PRESENT: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WP .NO:33295 of 2010 Between: Babu @ Babu Rao Kadam S/o. Gangaram Kadam ..... Petitioner AND 1 The Govt. of A.P., Irrigation & Command Area, Rep. by Prl. Secretary, Secretariat, Hyderabad 2 Special Dy. Collector Land Acquisition - RDO ( FAC ), Gaddenna Vagu Project, Nirmal, District, Adilabad - AP 3 Dist. Collector Adilabad, A.P. 4 D. Satish Chandra, Special Dy. Collector ( LA ) Gaddennavagu Project, Now RDO at Bodhan, Dist. Nizamabad .....Respondents Petition under Article 226 of Constitution of India, praying that in the circumstances stated in the petition and the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus by declaring in actions of the respondents in not paying the Compensation of petitioner ancestral properties of H.No. 1-9, 1-9/1 & 2; H.No.1-34/1/1, 1-34/1/2 on par with other villagers, situated at (Vill) Chichund, (M) Bhainsa, Dist. Adilabad which are under Submergence of Gaddennavagu Project, Bhainsa, Dist. Adilabad - A.P. by issuing fresh Draft Notification, Draft Declaration under Land Acquisition Act, is totally illegal, arbitrary, unjust discriminatory unreasonable without jurisdiction and oppose to public policy and also violative of principles of natural justice apart from the violation of Fundamental and property Rights guaranteed under Art. 14, 21, 300-A of Constitution of India; and issue consequential directions : (a) to Acquire Properties H.No. 1-9, 1-9/1&2, 1-34/1/1, 1- 34/1/2 of petitioner as per Land Acquisition Act afresh, (b) To set aside the Award No. C/ 23/2006 dt. -3-2007 in respect of petitioner market value, (c) impose exemplary costs upon 4th respondent for denying the just & reasonable compensation since 2007 - 2008 for the sake of bribes and award costs; The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and the order of the High Court dated 21-02-2011 made herein and upon hearing the arguments of Sri K.M.Mahender Reddy, Advocate for the Petitioner and of the G.P. for Land Acquisition, for the Respondents 1 to 3, the Court made the following: ORDER: “ The Revenue Divisional Officer, Nirmal, who is in- charge now appeared and counter-affidavit is filed. Even according to it, the property of the petitioner in premises bearing Nos.1-34/1/1 and 1-34/1/2 were not included in the award ‘by mistake’. -2- It is stated that the Officer, who passed the Award is one Sri Satish Chandra, who is now the Revenue Divisional Officer, Bodhan, Nizamabad District. He is directed to appear before this Court together with the record on 11.03.2011. Post on 11.03.2011. ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1 The Prl. Secretary, Irrigation & Command Area, Govt. of A.P. Secretariat, Hyderabad 2 The Special Dy. Collector Land Acquisition - RDO ( FAC ), Gaddenna Vagu Project, Nirmal, District, Adilabad - AP 3 District Collector, Adilabad, A.P. ( 1 to 3 by RPAD) 4 D. Satish Chandra, Special Dy. Collector ( LA ) Gaddennavagu Project, Now RDO at Bodhan, Dist. Nizamabad (BY SPEED POST/RPAD) 5. Two Ccs to G.P. for Land Acquisition, High court of A.P., Hyderabad (BY SPL. MESSENGER) 6. One CC to K.M. Mahender Reddy, Advocate (OPUC) 7. One Spare Copy bsr HIGH COURT LNR.J DATED 28-02-2011 POST ON 11-03-2011 ORDER W.P.NO. 33295 OF 2010 DIRECTION Bsr Dt. 1-3-2011 HIGH COURT LNR.J DATED 28-02-2011 POST ON 11-03-2011 ORDER W.P.NO. 33295 OF 2010 DIRECTION