IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 1914 of 2009 Between: 1) N. Pakkiramma (Muslim) R/o. H.S. Kottala Village, Hamlet of Gorkal Village, Panyam Mandal, Kurnool Dist. 2) N. Pedda Mohdin Saheb (Muslim) S/o. P. Ch. Hussain R/o. H.S. Kottala Village, Hamlet of Gorkal Village, Panyam Mandal, Kurnool Dist. 3) Mallu Rami Reddi (Hindu) S/o. Ayyapu Reddy R/o. Durvesi Village, Gadivemula Mandal, Kurnool Dist. 4) Y. Koteswar Reddy (Hindu) R/o. Durvesi Village, Gadivemula Mandal, Kurnool Dist. 5) N. Nadipi Mohdin Saheb (Muslim) S/o. P. Ch. Hussain R/o. H.S. Kottala Village, Hamlet of Gorkal Village, Panyam Mandal, Kurnool Dist. 6) S. Shalu Basha (Muslim) S/o. P. Akber Saheb R/o. H.S. Kottala Village, Hamlet of Gorkal Village, Panyam Mandal, Kurnool Dist. 7) Ch. Mabu Saheb (Muslim) S/o. P. Akber Basha R/o. H.S. Kottala Village, Hamlet of Gorkal Village, Panyam Mandal, Kurnool Dist. 8) S.P. Mahaboob Saheb (Muslim) S/o. P. Akber Saheb R/o. H.S. Kottala Village, Hamlet of Gorkal Village, Panyam Mandal, Kurnool Dist. 9) S. Mahaboob Basha (Muslim) S/o. Ch. Hussain R/o. H.S. Kottala Village, Hamlet of Gorkal Village, Panyam Mandal, Kurnool Dist. 10) S. Mahaboob Hussain (Muslim) S/o. Akber Basha R/o. H.S. Kottala Village, Hamlet of Gorkal Village, Panyam Mandal, Kurnool Dist. 11) Y. Nagabushana Reddy (Hindu) S/o. Nagi Reddy R/o. Durvesi Village, Gadivemula Mandal, Kurnool Dist. 12) P.P. Venkata Reddy (Hindu) S/o. P. Venkata Reddy R/o. Durvesi Village, Gadivemula Mandal, Kurnool Dist. 13) B. Krishna Murthy (Hindu) S/o. Venkata Subbaiah R/o. Byrmal Street, Nandyal, Kurnool Dist. 14) P. Sankar Reddy (Hindu) S/o. S. Pedda Yengal Reddy R/o. Durvesi Village, Gadivemula Mandal, Kurnool Dist. 15) S. Moulan Saheb (Muslim) S/o. P. Akber Saheb R/o. H.S. Kottala Village, Hamlet of Gorkal Village, Panyam Mandal, Kurnool Dist. 16) S. Moulan Saheb (Muslim) S/o. Akber Saheb R/o. H.S. Kottala Village, Hamlet of Gorkal Village, Panyam Mandal, Kurnool Dist. 17) S. Hussain Saheb (Muslim) S/o. Hussain R/o. H.S. Kottala Village, Hamlet of Gorkal Village, Panyam Mandal, Kurnool Dist. 18) C. Chowadamma (Hindu) R/o. Durvesi Village, Gadivemula Mandal, Kurnool Dist. 19) Vaddu Atchamma (Hindu) W/o. Bali Reddy R/o. Durvesi Village, Gadivemula Mandal, Kurnool Dist. 20) N.P. Lakshmi Reddy (Hindu) S/o. Pulla Reddy R/o. Gorkal Village, Panyam Mandal, Kurnool Dist. 21) P. Yella Reddy (Hindu) S/o. Y. Rami Reddy R/o. Durvesi Village, Gadivemula Mandal, Kurnool Dist. 22) P. Govinda Reddy (Hindu) S/o. Rami Reddy R/o. Durvesi Village, Gadivemula Mandal, Kurnool Dist. 23) N. Vishalakshmamma (Hindu) W/o. Ch. Lakshmi Reddy R/o. Gorkal Village, Panyam Mandal, Kurnool Dist. ... PETITIONERS AND 1) Special Deputy Collector (L.A.) S.S.P., Kurnool, Kurnool District. 2) The Income Tax Officer Ward No.II Ayakar Bhavan, Kurnool, Kurnool 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 appropriate Writ, order or direction more particularly a Writ in the nature of Mandamus directing the respondents not to deduct any amount towards Income Tax from the compensation amount payable to the petitioners as per the orders of the reference court in O.P.180 / 2001 and batch dt. 29-03-2007 on the file of the Principal Senior Civil Judge, Nandyal and further direct the respondents to pay the compensation amounts to the petitioners as per the orders of the Reference court in O.P.180 / 2001 (Main O.P.) and batch dt. 29-03-2007 on the file of the Principal Senior Civil Judge, Nandyal. Counsel for the Petitioner:MR.M.S.R.SUBRAHMANYAM Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following: Oral Order: (Per Shri Anil R. Dave, Chief Justice) 1. Rule. 2. Service of Rule for respondent No.1 is waived by learned Government Pleader for Revenue and service of Rule for respondent No.2 is waived by Shri S.R. Ashok, learned advocate appearing for respondent No.2. 3. At the request of the learned advocates, the petition is finally heard today. 4. The learned advocates have submitted that the issue involved in the petition is squarely covered by the judgment delivered by this Court on 30.8.2005 in Writ Petition No.19025 of 2005. 5. We have considered the facts of the present case as well as the facts involved in Writ Petition No.19025 of 2005 and looking to the law laid down by this Court in the afore-said judgment, the following order is passed in the same terms: 6. The petitioners are directed to furnish the required particulars in prescribed form and the Land Acquisition Officer shall verify the particulars and on being satisfied as to the correctness of the particulars furnished by the writ petitioners, shall file a memo in the reference Court expressing no objection for disbursement of the amounts. It is needless to direct the Land Acquisition Officer not to make any deductions by himself towards payment of income tax while depositing the amounts into the reference Court. The Land Acquisition Officer is bound to deposit the entire amount of compensation in terms of the decree. 7. With the above directions, the writ petition is disposed of with no order as to costs. ANIL R. DAVE, CJ February 10, 2009 RAMESH RANGANATHAN, J svs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KBJ}