IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 17130 of 2008 Between: A. Subramanyam Reddy S/o Subba Reddy R/o Chilamatturu Village & Post, Varadaiahpalyem mandal, Chittoor District. ..... PETITIONER AND 1 The Government of Andhra Pradesh rep by its Principal Secretary, Revenue Department (Land Acquisition), Secretariat Buildings, Hyderabad. 2 The Special Deputy Collector, Tirupati, Chittoor District. 3 The Revenue Divisional Officer/cum land Acquisition Officer, Tirupati, Chittoor District. 4 The Mandal Revenue Officer, Sathyavedu, Sathvavedu Mandal, Chittoor District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not paying ex-gratia to the petitioner over the lands admeasuring an extent of Ac. 2-00 cents, in S. No. 3-1G of Siddamagaraharam Revenue Village, Varadaiahpalyem Mandal, Chittoor Siddamagraharam Revenue Village, Varadaiahpalyem Mandal, Chittoor District as illegal, arbitrary and violative of Article 14 and 300-A of the constitution of India and consequently directthe respondents not to pay the ex-gratia to third parties over the lands of petitioner admeasuring extent of ac. 2.00 cents in S. No. 3-1G Siddamagraharam Revenue Village of Varadaiahpalyem Mandal, Chittoor District and pass such other order or orders. Counsel for the Petitioner:MR.V.VINOD.K.REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following Order: This writ petition is ﬁled seeking a declaration that the action of the respondents in not paying ex-gratia to the petitioner in respect of the lands admeasuring Ac.2.00 in Sy.No.3-1G of Siddamagraharam Revenue Village, Varadaiahpalyem Mandal, Chittoor District, is arbitrary and illegal. It is claimed by the petitioner that he is a landless poor, that the Government assigned the land in question in his favour and that DKT patta was also granted in his favour. While so, the ﬁrst respondent-Government of Andhra Pradesh, declared that the entire village, in which the lands belonging to the petitioner is situated, is Special Economic Zone for establishment of Industrial Park and sought to acquire the same. This writ petition is ﬁled alleging that the respondents refused to pay ex-gratia to which the petitioner is entitled to without there being any justiﬁable reason. It is pleaded that as a matter of fact, ex- gratia was paid to some other similarly situated persons. When the matter is taken up for consideration, it is brought to my notice by the learned counsel for the petitioner that in identical circumstances, W.P.No.4805 of 2008 ﬁled by some other assignees, whose lands were sought to be acquired for the very same purpose, was disposed of by this Court on 20-04-2008, with a direction to the respondents to pay ex-gratia to the petitioner therein as provided under G.O.Ms.No.1307, dated 23-12-1993. The fact that the petitioner is also similarly situated is not disputed by the learned Government Pleader for Land Acquisition appearing for the respondents. In the circumstances, following the order in W.P.No.4805 of 2008, this writ petition is disposed of leaving it open to the respondents to take further steps for acquisition of the lands in question after payment of ex- gratia to the petitioner herein as provided under G.O.Ms.No.1307, dated 23-12-1993, in case it is found that the DKT patta granted in favour of the petitioner is subsisting as on today. No costs. _______________ 07-08- 2008 usd To 1 The Principal Secretary, Government of Andhra Pradesh, Revenue Department (Land Acquisition), Secretariat Buildings, Hyderabad. 2 The Special Deputy Collector, Tirupati, Chittoor District. 3 The Revenue Divisional Officer/cum land Acquisition Officer, Tirupati, Chittoor District. 4 The Mandal Revenue Officer, Sathyavedu, Sathvavedu Mandal, Chittoor District. 5 Two CCs to GP for Land Acquisiton, High Court Buildigns, Hyderabad (OUT). 6 Two CD copies.