THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.29055 of 1998 Dated: 14-11-2007 Between: Smt. Pullamma and others. ..... PETITIONERS AND The Land Acquisition Officer-cum-Mandal Revenue Officer, Kothakota, Mahabubnagar District, and others. .....RESPONDENTS THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.29055 of 1998 ORDER: This writ petition is filed seeking a writ of Mandamus directing the Mandal Revenue Officer-cum-Land Acquisition Officer (LAO), first respondent herein, to re-determine the compensation under Section 28- A of the Land Acquisition Act, 1894 (the Act, for brevity) or in the alternative to refer the matter to a civil Court under Section 18 of the Act. It is the case of the petitioners that the land admeasuring Acs.4.64 cents in survey Nos.341 and 374/A situated at Kothakota Village and Mandal, Mahabubnagar District, was acquired in 1984. Against the compensation awarded by LAO, first petitioner along with other landowners sought a reference, being O.P.No.65 of 1988 on the file of the Court of Subordinate Judge, Wanaparthy, Mahabubnagar. The reference Court by order and decree dated 22.10.1991 enhanced the compensation from Rs.24,000/- to Rs.38,000/- per acre. Aggrieved by the same, first respondent preferred A.S.No.2069 of 1992 before this Court under Section 54 of the Act. By judgment dated 15.04.1996 this Court dismissed the same. In the meanwhile first petitioner allegedly made an application on 24.02.1992 to first respondent seeking re- determination of the compensation under Section 28-A of the Act as per the judgment of the Court of the Subordinate Judge, Wanaparthy, dated 22.10.1991 in O.P.No.65 of 1988. As the same was not done, instant writ petition is filed. In this writ petition Rule Nisi was ordered on 21.10.1998. So far the respondents have not filed any counter-affidavit. In view of the uncontroverted averments, this Court is of the considered opinion that first respondent shall enquire into the matter. If it is found that first petitioner made an application under Section 28-A of the Act on 24.02.1992 even before the judgment of this Court in A.S.No.2069 of 1992 dated 15.04.1996, the compensation awarded by first respondent should be re-determined in accordance with the judgment of the civil Court as confirmed by the appellate Court. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The writ petition, with the above observations, is accordingly disposed of. No costs. ____________ (V.V.S.RAO, J) 14th November, 2007 ghn