IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 7465 of 2008 Between: Challa Venkata Subba Reddy S/o Yella Reddy D. No. 4/364-3, Om Shanthi Nagar, kadapa Town, Kadapa District. ..... PETITIONER AND 1 The Special Deputy Collector, Somasila Project Unit-IV, Rajampet, Kadapa District. 2 Palli Pitchi Reddy S/o Nagi Reddy Atloor Village, Post and mandal, kadapa 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 Writ or direction more particularly one in the nature of Writ of Mandamus declaring the proposed action of the 1st respondent in trying to disburse the enhanced compensation amount to the 2nd respondent which is payable to the petitioner by the Government for having acquired the house and land of the petitioner in Sy. No. 41/1 an extent of Ac. 0.10 cents of Thundur Village, Atloor Mandal, Kadapa District for Somasila Project as illegal, arbitrary and unconstitutional and consequently direct the 1st respondent to disburse the enhanced compensation amount to the petitioner only with all benefits attached to it. Counsel for the Petitioner:MR.S.S.BHATT Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{TRT} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the 1st respondent in trying to disburse the enhanced compensation to the 2nd respondent which is due and payable to the petitioner, by the Government for having acquired the petitioner’s house and land of an extent of Ac.0.10 cents in S.No.41/1 situated in Thundur village, as arbitrary and illegal. The petitioner asserts that after the construction of Somasila Project when his land of an extent of Ac.0.10 cents in S.No.41/1 situated in Thundur village, Atloor Mandal, Kadapa District along with structures therein were submerged in Telugu Ganga Water, the 1st respondent- Special Deputy Collector released a sum of Rs.2,79,897/- by an order dated 18.12.2002 and paid to him on 26.12.2002. Later, at the instance of all the landholders, the amount of compensation was enhanced by the Government, but the same was not within the knowledge of the petitioner. After coming to know about it, the petitioner made a representation dated 26.3.2008 requesting the 1st respondent to pay him the enhanced compensation. Now, his grievance is that though he made the representation, the 1st respondent, without considering it, is trying to pay the enhanced compensation to the 2nd respondent, who is not legitimately entitled to such payment. Heard the learned counsel for both the parties and perused the material placed on record. It may not be necessary for this Court to go into various contentions put forth by the learned counsel for the petitioner and it is suffice to direct the 1st respondent-Special Deputy Collector to consider the petitioner’s representation dated 26.3.2008 and pass necessary orders as to whether the petitioner is entitled to the payment of enhanced compensation, only after affording the petitioner and the 2nd respondent an opportunity of being heard. If ultimately, the authority feels that the petitioner alone is entitled to the payment of enhanced compensation, he may pay it to him, but if he feels that there is a dispute between the petitioner and the 2nd respondent with regard to the payment of enhanced compensation, he may refer the matter to a competent civil Court as contemplated under Section 31 of the Act. This entire exercise shall be done, within a period of six weeks from the date of receipt of a copy of this order. In terms of the above direction, this writ petition is disposed of. No costs. _______________ 28.04.2008 Note: Furnish copy in one week B/o bcj