IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 27030 of 2008 Between: Buri Rajagopalaiah S/o.Gopaiah Ro.Muttukuru village, Atluru Mandal, Kadapa District ..... PETITIONER AND 1 The Government of AP., rep.by its Principal Secretary Irrigation and CAD Department, Secretariat Buildings Hyderabad 2 The District Collector, Kadapa District Kadapa 3 The Special COllector, GNSS,Kadapa 4 The Special Deputy Collector (LA), Telugu Ganga Project Unit-I, Kadapa .....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 to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondetn No.3 in issuing Form-5(A) proceedings vide Ref.No.A1/1231/2007 dated 24,.11.2008 under the Land Acquisition Act to acquire the lands of the petitioner for Somasila Proejct, showing the petitioner land as an extent of Ac.0.38 only, without giving the compensation for the entire lands of Ac.0.51 in S.No.3/2 and Ac.1.38 in S.No.11 and also for the entire trees and the other properties in the said lands inS.No.3/2 and S.No.11 of Pidathalaveerayapalle village, Atluru Mandal, Kadapa District as illegal, arbitrary, unjust and unconstitutional and gainst the principles of natural justice consequently directing the respondents to set aside said proceedings so far as petitioner land are concerned in an extent of Ac.0.51 in S.No.3/2 and Ac.1.38 in S.No.11 of Pidathalaveerayapalle villag,e Atluru Mandal, Kadapa District and pass Counsel for the Petitioner:MR.G.JAGADEESWAR Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.27030 of 2008 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the third respondent in issuing Form-5(A) proceedings vide Ref.No.A1/1231/2007 dated 24.11.2008 under Land Acquisition Act for acquiring the lands of the petitioner for Somasila Proejct, showing the petitioner land as an extent of Ac.0.38 only, without giving the compensation for the entire lands of Ac.0.51 in S.No.3/2 and Ac.1.38 in S.No.11 and also for the entire trees and the other properties in the said lands in S.No.3/2 and S.No.11 of Pidathalaveerayapalle village, Atluru Mandal, Kadapa District as arbitrary and illegal. According to the petitioner, he is the absolute owner and possessor of land to an extent of Ac.0-51 cents in Sy.No.3/2 and an extent of Ac.1-38 cents in Sy.No.11 of P.Veerayapalle village, Atluru mandal, Kadapa district. There are also number of trees viz., cheeni (sweet lime) trees, teak, coconut, neem, tamarind, jackfruit, mango, drumsticks existing in the said land including borewells. It is the grievance of the petitioner that the respondents have not taken into consideration the trees and borewells existing on the land for the purpose of paying compensation. In this regard, petitioner has made a detailed representation to the District Collector (Land Acquisition), Telugu Ganga Project-Unit.I, Kadapa on 1.12.2008, but so far no orders have been passed on the said representation. Under those circumstances, without expressing any opinion on merits, the respondents are directed to take into consideration the representation purported to have been made by the petitioner on 1.12.2008 for the purpose of payment of compensation to the petitioner for the extent of land acquired and also for the trees and borewells as stated by the petitioner, while passing the award. The writ petition is accordingly disposed of. No order as to costs. _____________ C.V.RAMULU, J Date: 21.1.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.27030 of 2008 21.1.2009