IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 28454 of 2007 Between: 1 Jetty Satyanaryana, S/o. Late Pydaiah, R/o. Vegapanta (V), Pendurthi Mandal, Visakhapatnam District 2 Jetty Narasimhulu, S/o. Late Pydaiah, R/o. Vegapanta (V), Pendurthi Mandal, Visakhapatnam District. 3 Jetty Suryadamma, W/o. Narasimham, R/o. Vegapanta (V), Pendurthi Mandal, Visakhapatnam District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep by its Secretary, Department of Revenue, Secretariat, Hyderabad. 2 The Mandal Reveue Officer, Pendurthi Mandal, Visakhapatam District. 3 The Visakhapatam Urban Development Authority, Rep by its Special Deputy Tahsilar,Visakhapatam. .....RESPONDENTS 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 more particularly one in the nature of Writ of Madamus action of the respondents in not permitting the petitioners herein to sell, transfer or convey their right over the lands in an extent 5.291/2 cents in Survey No. 17-1 situated at Vepagunta Village, Pendurthi Mandal, Visakhapatnam District, as illegal, arbitrary and as violative of the principles of natural justice and violative of Art. 300-A of the constitution of India. Counsel for the Petitioners:MR.K.KRISHNA Counsel for the Respondent Nos. 1 and 2.: GP FOR REVENUE Counsel for the Respondent No.3: Smt.V.Preeti Reddy The Court made the following : ORDER: The petitioners seek a writ of mandamus declaring the action of the respondents in not permitting them to sell, transfer or convey their right over the lands in an extent of Ac.5.29 ½ cents in Sy.No.17-1 situated at Vepagunta village, Pendurthi Mandal, Visakhapatnam District, as illegal and arbitrary. It is stated that the said lands have been acquired by the Land Acquisition Officer/Special Deputy Collector, Land Acquisition, Urban Development Authority and award was also passed under Section 12(2) of the Land Acquisition Act vide Rc.524/79.R.I.IV, dated 12.05.1982 in respect of the lands in question. But, it is stated that the actual possession is with the petitioners alone and therefore, they are entitled to enjoy the said property. A perusal of the Award goes to show that as there was some dispute with regard to the title, the compensation was ordered to be deposited in civil Court deposit and the matter was referred to the civil Court for resolving the dispute. As per the land acquisition proceedings, possession was already taken and award was also passed and therefore, the petitioners cannot continue any right in any capacity unless they resolve their disputes for entitlement of appropriate compensation already deposited by the Land Acquisition Officer. Therefore, the question of permitting the petitioners to alienate the said land does not arise. Therefore, the writ petition is misconceived and is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:19.02.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}