THE HON'BLE SRI JUSTICE NOUSHAD ALI DATED 24TH JANUARY, 2011 WRIT PETITION No. 26337 of 2006 Between: S. Bal Raj ..... Petitioner AND The Special Dy. Collector (LA) and others .....Respondents THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No. 26337 of 2006 ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Land Acquisition. 2. The petitioner claiming to be the pattedar and possessor of agricultural land to an extent of Ac.2-06 guntas situated in Sy.No.39/2 of Nancharampet Village, Kothakota Mandal, Mahaboobnagar District, has filed this writ petition to declare the action of respondent No.1, Special Deputy Collector (LA) in acquiring his land without an opportunity as arbitrary and illegal. 3. The facts leading to the filing of the writ petition are that a draft notification dated 26.09.2006 under Section 4(1) of the Land Acquisition Act, 1894 was published for acquiring an extent of Ac.2.25 guntas of land in Sy.No.39(2)(e) for the purpose of constructing Sankara Samudram Balancing Reservoir (Left Main Canal). In the said notification, the name of the petitioner was shown in addition to two other persons, namely Savaraiah and Masanna. Thereafter all the proceedings including award enquiry, were completed. As compensation was not paid to the petitioner he filed a petition dated 12.12.2006 before respondent No.1 claiming compensation. As the petitioner could not evoke any positive response, he has filed this writ petition for the aforesaid relief. 4. Respondent No. 1 has filed counter affidavit which inter alia stating as follows: “The total extent of Sy. No. 39/2 is Ac. 11-26 Gts as per Records of Rights where the pattedars are viz., 1) Sri. Savaraiah S/o Karre Sayanna extent 4-30. 2) Sri. Masanna S/o Karre Sayanna, ex 4-30. 3) Sri. Balraj S/o Balaiah ex 2-06. Where as the land is being acquired is only to an extent of Ac. 2-25 Gts, in which the petitioner’s portion of land is not being effected and it is not acquired for the canal purpose and canal is passing through the Sy. No. 39/2 affecting the land extent Ac. 2-25 Gts but not entire land i.e., Ac. 11-26 Gts. Therefore, it is further submitted that the petitioners land is safe and moreover the Award is passed on consent basis and though the consent Award passed on the Land compensation has not yet been distributed to the persons pertaining to Sy. No. 39/2.” 5. In view of the said statement of the first respondent it is clear that even though the name of the petitioner was shown in the draft notification, his land has not been acquired. In view of this, the learned counsel for the petitioner Sri K. Goverdhan Reddy would submit that the petitioner has no grievance in the writ petition. 6. In the circumstances, while placing the aforesaid statement of the first respondent on record, holding that the petitioner has no grievance, the writ petition is disposed of. There shall be no order as to costs. _____________________ JUSTICE NOUSHAD ALI 24.01.2011 SP/ MSR THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO. 26337 of 2006 24-01-2011 SP/ MSR