IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No. 11780 of 2009 Between: Sri Venugopala Swamy Temple, Jangareddygudem Village & Mandal, West Godavari District. ..... PETITIONER AND 1 The District Collector, West Godavari District at Eluru. 2 The Land Acquisition Officer cum Revenue Divisional Officer, Jangareddygudem Division, West Godavari 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 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus under Article 226 of the Constitution of India and declare the action of the respondents in not paying the compensation amount of Rs.10,11,144/- (Ten Lakhs Eleven Thousand One Hundred and Forty Four Rupees Only) together with interest till the date of payment under the Land Acquisition Act to the petitioner temple towards acquisition of the wet agricultural land belonging to the temple and measuring Ac.2-87 cents situated in S.No.571, 611/2 of Jangareddigudem Village and Mandal, West Godavari District acquired through S-4(1) notification dated 06.02.2009 as violative of rights guaranteed to the petitioner temple under Article 19 (1) (g), 21 and 300- A of the Constitution of India and consequently direct the respondents to pay to the petitioner the amount of Rs.10,11,144/- with interest till the date of pay along with other amounts due under the Land Acquisition Act and to pass Counsel for the Petitioner:MR.V.T.M.PRASAD Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: The main grievance of the petitioner is that despite acquisition of wet agricultural land admeasuring Ac.2-87 cents situated in Sy.Nos.571 and 611/2 of Jangareddigudem village and Mandal, West Godavari District, by the respondents through notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the L.A.Act’) dated 06.02.2009 for the purpose of providing house sites to weaker sections, till date the respondents have not paid the compensation amount of Rs.10,11,144/- together with interest till the date of payment under the L.A.Act. In the counter affidavit filed by respondent No.2, it is stated that the acquisition of the land of the petitioner temple is not in dispute and a State Level Committee was constituted vide G.O.Ms.No.363 (Endowment) Department dated 26.04.1999, for fixation of the market value for the lands belonging to Endowment Department acquired for providing house sites to weaker sections, and the said Committee fixed the market value of the land at Rs.1,50,000/- per acre. It is further stated that the representation dated 22.08.2007 of the petitioner temple was received on 25.08.2007 and they addressed a letter dated 15.09.2008 to the 1st respondent for release of funds, and the 1st respondent, in turn, addressed a letter to the Commissioner of Social Welfare, A.P., Hyderabad, on 12.05.2009 requesting to allot a total amount of Rs.5,52,86,238/- to clear off the payments to the Endowments Department, and, as such, funds are awaited. It is also stated in the counter affidavit that the compensation will be paid to the petitioner temple soon after receipt of funds. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition appearing for the respondents. Having regard to the stand taken by the 2nd respondent in the counter filed by him that they have acquired the land of the petitioner- Temple and that they have already addressed letter dated 15.09.2008 requesting the 1st respondent to release necessary funds, who in turn is said to have addressed letter dated 12.05.2009 to the Commissioner of Social Welfare, A.P., Hyderabad, requesting to allocate an amount of Rs.5,52,86,238/- for clearing the payments to the Endowments Department, I deem it appropriate to dispose of the writ petition with the following directions: The respondents are directed to take necessary steps for payment of the admitted amount of compensation to the petitioner temple, within a period of six weeks from today, and they shall not seek for further extension of time. With the above direction, the writ petition is disposed of. No order as to costs. ______________ N.V.RAMANA,J 13.07.2009 v v