THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 26771 OF 1996 Dated 24th January 2008 Between: Karanam Ramana & others …Petitioners and The Govt.of A.P., rep. by its Secretary, Revenue Department, Secretariat, Hyderabad & others. …Respondents THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 26771 OF 1996 O R D E R: Different extents of land of the petitioners were acquired by the Government, for the purpose of an Irrigation Project, along with other lands in the locality. Inasmuch as the petitioners were only assignees, the Government paid a sum of Rs.5,000/- per acre, as ex gratia, whereas, the market value, as determined by the Land Acquisition Officer, was paid for the patta lands. The grievance of the petitioners is that even though they are the assignees, the lands vest in them, and that they are also entitled to be paid the market value. Reliance is placed by them, on a judgment rendered by a Larger Bench of this Court in W.A.No.170 of 2002. They also placed reliance upon the orders issued by the Government in G.O.Ms.No.180, Revenue Department, dated 9.2.1984. Heard the learned counsel for the petitioners and learned Government Pleader for Revenue. It is not in dispute that a Larger Bench of this Court held that the holders of D-Form patta are entitled to be paid the market value, on par with patta lands, whenever such lands are resumed by the Government. The said judgment is the subject matter of an appeal, before the Supreme Court. As of now, an interim order passed by the Supreme Court, directing stay of payment of compensation, is in operation. Hence, the respondents cannot be directed to pay the market value to the petitioners, at this stage. However, their right would depend upon the outcome of the appeal pending before the Hon’ble Supreme Court. Already 12 years have elapsed and the writ petition cannot be kept pending, any longer. Hence, the writ petition is disposed of, directing that; a) in case, the Hon’ble Supreme Court upholds the judgment of the Larger Bench of this court in W.A.No.170 of 2002, the respondents shall pay the compensation, in accordance with the provisions of the Land Acquisition Act, within six months from the date of the judgment of the Supreme Court. b) In the event of the Hon’ble Supreme Court reversing the judgment of the Larger Bench of this Court, the petitioners shall not be entitled to be paid any compensation, over and above what has already been paid. There shall be no order as to costs. ____________________ 24th January 2008 PAN