IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.20054 of 2009 Between: Nandarapu Kondaiah @ Satyanarayana ..... PETITIONER AND The Land Acquisition Officer-cum-Sub Collector, Rajahmundry, East Godavari District and two others ..... RESPONDENTS ORDER: This court ordered notice before admission on 18-09-2009 and granted interim direction for a limited period which is being extended from time to time. 2. Counter-affidavit is filed on behalf of respondent Nos.2 and 3. Heard Sri Nimmagadda Satyanarayana, learned counsel representing the writ petitioner, the learned Assistant Government Pleader for Land Acquisition representing respondent No.1 and Sri D. Ramalinga Swamy, the learned counsel for respondent Nos.2 and 3. 3. The writ petition is filed praying for the relief of writ of Mandamus declaring the action on the part of first respondent in not recording the petitioner name as person interested and not extending opportunity of hearing in all stages of Land Acquisition proceedings in Ref.A/SWLA/ IND.III/2433/08 dated 20-06-2008 issued by the first respondent as illegal, irregular and violative of the provisions of the Land Acquisition Act, 1984 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to record the petitioner name as claimant in the Land Acquisition records, hear the petitioner objections and award compensation in his favour and pass such other suitable orders. 4. It is stated that on 20-06-2008 notice was issued under Section 5-A of the Land Acquisition Act, 1984 by the first respondent in Ref.A/SWLA/IND.III/2433/08. It is also the case of the petitioner that the petitioner had been continuing as tenant and regularly paying rent. The petitioner also filed ATC No.9 of 2008 on the file of the Special Officer under Tenancy Act–cum–Junior Civil Judge, Alamuru. It is further stated that the petitioner submitted a representation dated 05-07-2008 to the first respondent requesting him to decide his objections and allow him to participate in the enquiry. The petitioner also submitted another representation dated 22-01-2009. 5. Counter-affidavit had been filed wherein it is stated that it is true that the ATC No.9 of 2008 filed by this writ petitioner before the Special Officer, Alamuru for declaration of his title is still pending. But however, it is stated that it is false to state that the father of the writ petitioner was inducted as a Tenant about 40 years back for the first time. In fact, the third respondent leased out the said lands of Ac.3-81 cents to the writ petitioner on an agreed rent of 20 Kata bags of paddy per acre long after the death of his father. 6. Several further facts also had been narrated. Specific stand had been taken that the writ petitioner became defaulter in paying rents. Several other averments had been made in para Nos.6 to 14 of the counter-affidavit. 7. It is brought to the notice of the court that the further proceedings relating to the passing of the award are not being proceeded with because of the pendency of the writ petition. It is needless to say that the first respondent is at liberty to consider all the objections inclusive of the objections raised by the writ petitioner in this regard at the stage of passing of award and further proceed with the enquiry, in accordance with law. 8. Accordingly, the Writ Petition is disposed of. No order as to costs. ___________________ P.S. NARAYANA, J December 2, 2009. PN THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.20054 of 2009 December 2, 2009.