IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 14283 of 2008 Between: Tadikamella Panduranga Rao, S/o. Mallaiah, R/o. Lakkavaram (V), Jangareddygudem (M), West Godavari District. ..... PETITIONER AND 1 The District Collector, (Land Acqusition Officer), West Godavari District at Eluru. 2 The Revenue Divisional Officer, Jangareddygudem Revenue Division, West Godavari District at Eluru, Jangareddygudem. 3 Tadikamalla Rajanna, S/o. T. Narayana Rao, R/o. Lakkavaram (V), Jangareddygudem Revenue Mandal, West Godavari District. .....RESPONDENTS 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 in the nature of Writ of Mandamus declaring the action of the Respondents 1 and 2 not responding on Legal Notice dated 17-7-2006, Telegraphic Notice dated 6-9-2006 issued by the petitioner to pay compensation with regard to Ac. 15.92 cents in R.S.No. 230 situated at Lakkavaram (V) of Jangareddygudem (M) is illegal, arbitrary and violative of principles of Natural Justice and consequently directing the respondents 1 & 2 to pay compensation to the petitioner Counsel for the Petitioner:MR.NARAM.NAGESWARA RAO Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : ORDER: This writ petition is filed by the petitioner stating that he is the cultivating tenant of Ac.15.92 cents of land belonging to the 3rd respondent herein, situated in R.S.No.230 situated at Lakkavaram Village, Jangareddygudem Mandal. The said land was leased out to him in the year 1969 and since then he is cultivating the land. In the land ceiling proceedings also, he was declared as a cultivating tenant of the said land and the same was excluded from the holdings of the 3rd respondent. While so, the said land has been acquired by respondents 1 and 2 herein vide notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) dated 13.5.2006 for the purpose of providing house sites to the weaker sections. However, the name of the petitioner is not shown in the 4(1) notification in respect of the said lands, and, therefore, he issued a legal notice on 17.7.2006 to respondents 1 and 2 requesting them to pay the compensation to him as he is the cultivating tenant of he said acquired land. Subsequently, he has also issued a telegraphic notice dated 6.9.2006 requesting to stop payment of compensation to third parties. Even though as per Section 31 of the Act, the respondents are bound to deposit the compensation amount in the civil court, they have neither deposited the amount nor paid to same to him in spite of his sending legal notice and telegraphic notice and hence, he filed the present writ petition. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition. The learned Assistant Government Pleader submits that questioning the dispensation of enquiry under Section 5-A of the Act in respect of the lands in question, several writ petitions were filed before this Court being W.P.Nos.10880, 14019 of 2007 and batch by several persons and the said writ petitions were disposed of by this Court by a common judgment on 1.5.2008 setting aside the dispensation of the 5-A enquiry and directed the authorities to conduct the enquiry. It was also directed that the petitioners therein may approach the Land Acquisition Officer and file their objections on or before 31.5.2008 and thereafter the Land Acquisition Officer to issue notice with regard to the date of enquiry and shall afford an opportunity of personal hearing and then to pass appropriate orders under Section 5-A of the Act. The learned Assistant Government Pleader submits that so far, the enquiry is not conducted and it will consume some more time and, therefore, the question of payment of compensation to the petitioners in the instant case, who claim to be the protected tenants of the said land, at present does not arise. From the above, it is evident that so far no compensation has been paid to any third parties in respect of the lands in question and award enquiry is still pending. Therefore, the relief sought for by the petitioner in this writ petition cannot be granted at present. Therefore, giving liberty to the petitioner to approach the Land Acquisition Officer and to file his objections at the time of award enquiry, the writ petition is dismissed. N.V.RAMANA,J DT.17.6.2009 msv