IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 9500 of 2008 Between: 1 Vadde Venkatamma w/o.Late V.Kondanna R/o. Cherlopalle Village of Owk Mandal, Kurnool District. 2 Vadde Venkata Ramana S/o.Late V.Kondanna R/o. Cherlopalle Village of Owk Mandal, Kurnool District. 3 Vadde Venkateswarlu S/o.Late V.Kondanna R/o. Cherlopalle Village of Owk Mandal, Kurnool District. 4 Vadde Srinivasulu S/o.Late V.Kondanna R/o. Cherlopalle Village of Owk Mandal, Kurnool District. 5 Vadde Venkata Subbaiah S/o.Late V.Kondanna R/o. Cherlopalle Village of Owk Mandal, Kurnool District. 6 Venkata Subbulu W/o.V.Dassanna R/o. Cherlopalle Village of Owk Mandal, Kurnool District. 7 Venkata Ramanamma W/o.Kondanda Ramudu R/o. Cherlopalle Village of Owk Mandal, Kurnool District. ..... PETITIONER(S) AND 1 The District Collector, Kurnool, Kurnool District. 2 The Special Collector (LA), S.R.B.C., Kurnool, Kurnool District. 3 The Special Deputy Collector (LA), S.R.B.C., Nandyal, Kurnool 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 to issue an order or direction more particularly one in the nature Writ of Mandamus declaring the action of the respondents in not acquiring petitioners lands in Sy.Nos. 516/B to an extent of Ac.1.44 cents situated in Cherlopalle Village, Owk Mandal, Kurnool District, even though petitioners lands are under submersion, further action of the respondents in not even paying the ex-gratia to the petitioners lands, as illegal, arbitrary and in violation of Art. 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents to pay ex- gratia forthwith with a further direction to the respondents to pay full compensation under the L.A.Act subject to the judgment of the Supreme Court in Mekalapandu Case and pass such other order or orders. Counsel for the Petitioner:MR.K.RATHANGA PANI REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : HONOURABLE MS JUSTICE G.ROHINI WRIT PETITION No.9500 of 2008 ORDER: The petitioners herein claim to be the landless poor persons. It is stated that Ac.1.44 cents of land situated in Sy. Nos.516/B of Cherlopalle village, Owk Manal, Kurnool District, was assigned to their father by R.Dis.No.490 of 1979. Since then they have been in possession and enjoyment of the same. While so, for the purpose of Owk Reservoir Complex Stage-II under S.R.B.C. Scheme, various extents of land situated in Charlopalle village, including the land of the petitioners, was taken possession. 2. It is alleged that though the respondents initiated proceedings under the Land Acquisition Act (for brevity ‘the Act’) and paid compensation to the neighbouring lands, but no compensation has been paid to the petitioners herein on the ground that the land in possession of the petitioners is assigned land. Though the petitioners made a representation on 02-11-2007, the respondents failed to consider. Hence, this writ petition seeking a declaration that the action of the respondents is arbitrary and illegal. 3. Heard the learned counsel for the petitioners as well as learned Government Pleader for Land Acquisition, appearing for the respondents. 4. The law is well settled that even the assignees are entitled for compensation where the assigned lands are required for the public purpose. G.O.Ms.No.1307, dated 23-12-1993, provides for payment of ex-gratia as well as other benefits to the assignees under the Land Acquisition Act. In the circumstances, there is no justification in denying ex-gratia payable in terms of G.O.Ms.no.1307, dated 23-12-1993. 5. The learned Government Pleader for Land Acquisition under instructions stated that as a matter of fact, the 3rd respondent has already called for relevant records from the Tahsildar and on verification, if it is found that the petitioners are holding a subsisting patta, the appropriate steps will be taken for payment of ex-gratia. 6. Recording the statement of the learned Government Pleader for Land Acquisition, the writ petition is disposed of with a direction to the respondents to take necessary steps to consider the claim of the petitioners for payment of ex-gratia, after following due process of law, expeditiously. No costs. ______________________ July 24, 2008