IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 14386 of 1999 Between: Mandapaka Kondaiah S/o M. Surayya C/o Siddani Rama Rao R/o Siddanivari Street, 7th Ward, Narsapur, West Godavari Dist. ..... PETITIONER AND 1 The District Collector West Godavari Dist., Eluru 2 The Revenue Divisional Officer, District-cum-Land Acquisition Officer Narsapur, W.G.Dist. 3 The Mandal Revenue Officer Narsapur, W.G.Dist. 4 Sri Madanagopalaswamy Temple rep. by Executive Officer Narsapur, W.G.Dist. .....RESPONDENT(S) 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 a writ, order or direction, one preferably in the nature of writ of Mandamus declaring the action of the Respondents 1 to 3 herein in proceeding with the Land Acquisition procs. without notice to the petitioner herein and proc. with the paymernt of entire amount of compensation exclusively t the 4th respondent heren in respect of the land situated in R.S.No.81/1 admeasuring Ac.2.28 cents and R.S.No.81/2 admeasuring Ac.1.10 cents of Chinamamidipalli (V),Narsapur (M), West Godavari Dist. without considering the claim of the petitioner for payment of 40% of the total compensation to the pettioner herein as the tenant as illegal, arbitrary and voilative of provisions A.P. (Andhra Area) Tenancy Act, 1956 and the Judgement of this Hon'ble Court reported in 1990(1) ALT 237 and voilative of Articles, 14,21 & 300-A of the Constitution of India and consequently direct Respondents 1 to 3 herein to permit the Petitioner to participate in the Land Acquisition proceedings and to pay compensation to the petitioner @ 40% of the total compensation in respect of the land situated in R.S.No.81/1 admeasuring Ac.2.28 cents and R.S.No.81/2 admeasuring Ac.1.10 cents of Chinamamidipalli (V), Narsapur (M), W.G. Dist. Counsel for the Petitioner:MR.A.V.SESHA SAI Counsel for the Respondent No.: V.T.M.PRASAD,SC FOR ENDOWNMENTS The Court made the following : Form-NIC-OGS/WP{BMD} HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.14386 of 1999 ORDER: The deceased petitioner, who is now succeeded by the petitioners 2 and 3, claimed in the affidavit filed in support of this writ petition that they are tenants of the 4th respondent in respect of R.S.No.81/1, admeasuring Ac.2.28 cents and R.S.No.81/2, admeasuring Ac.1.10 cents of Chinamamidipalli village, Narsapur Mandal, West Godavari District. 2. It is alleged that the aforesaid land is under occupation of the 1st petitioner as a lessee from 1972 onwards. In view of the respondents 1 to 3 seeking to acquire the aforesaid land for providing house sites to the weaker sections, the said land was taken over by a Notification issued under Section 4 (1) of the Land Acquisition Act (for brevity ‘the Act’) by invoking urgency clause, vide proceedings of the District Collector, West Godavari District, in F5/SW/130/99, dated 28-05-1999. Subsequently a declaration under Section 6 of the Act, referred to above, was issued. The possession of the land was taken over on 10-06-1999. 3. On instructions, the learned Government Pleader for Land Acquisition, states that the said pattas were already issued to 129 beneficiaries and they have already constructed houses. The petitioners alleged that their interest as tenants has been totally ignorance by respondents 1 to 3 and the entire 80% of the compensation was being paid to the 4th respondent-temple while taking possession of the land asserting their rights. Therefore, the present writ petition is filed. 4. On 13-07-1999, while issuing notice before admission, this Court passed an order in the following terms: “In the meantime, if any compensation is paid to the respondent No.4, it shall only be paid to him after he gives an undertaking that, in case the petitioner succeeds in this writ petition and is held entitled to any part of the compensation that shall be paid to him by respondent No.4 in lump sum with interest at 12% per annum.” Subsequently, the writ petition was admitted on 18-02-2000 and the interim order was directed to be continued. 5. Though no counter affidavit is filed, the learned Government Pleader for Land Acquisition, on specific instructions, submits that even the 80% compensation has not been paid to the 4th respondent as they have not given undertaking as required under the interim orders of this Court, referred to above. It is also alleged that the award also has not been passed, in view of interim orders passed by a Division Bench of this Court in W.P.M.P.No.15055 of 2005 in W.P.No.11812 of 2005, dated 09-06-2005 and W.P.M.P.No.13204 of 2006 in W.P.No.10547 of 2006, dated 30-05-2006, and as soon as the aforesaid proceedings are over, the respondents 1 to 3 will take up further proceedings as to passing of award etc. 6. The learned counsel for the petitioners has brought to my notice the orders of this Court in W.P.No.8677 of 1997, dated 31-10- 1997, passed in similar circumstances, wherein, the similar writ petition was disposed of by giving liberty to the parties therein to raise all contentions open to them before the land acquisition officer and further with regard to the compensation, the land acquisition officer was directed to consider the rival claims and if in his opinion the rival claims are required to be adjudicated by a competent civil Court, refer the dispute under Section 30 of the Act. A direction of a similar nature will suffice and protect the interest of the petitioners in this case also. 7. Therefore, there shall be a similar direction in this writ petition also. The petitioners also at liberty to make a fresh representation before the respondents 1 to 3, so that, as and when the award enquiry is taken up, the petitioners will be given a notice and opportunity to participate. 8. Therefore, with the aforesaid direction, the writ petition is disposed of. No costs. ______________________ 22nd December 2008 KVR