IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF JULY, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.14944 of 2008 Between: Akkem Anjaiah & another … Petitioners And The Hyderabad Air Port Development Authority (HADA), rep., by its Vice Chairman, Secunderabad & others. … Respondents Counsel for the petitioners: Sri Vedula Venkataramana Counsel for respondent No.2: Sri Y. Ravindra Counsel for respondents 3&4: GP for Revenue Counsel for respondent No.4: None This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.14944 of 2008 ORDER:- This Writ Petition is filed for a Mandamus to declare the action of the respondents in purporting to utilise Ac.2.14 guntas of land for the development of P7 road from Mailardevpally to Srisailam road via Jellipally from out of the total land of the petitioners admeasuring Ac.10.34 guntas in Sy.No.67/2 of Jellipally Village, Saroornagar Mandal, Ranga Reddy District, without acquiring the same and following due process of law as illegal and arbitrary. The petitioners have purchased the abovementioned extent of Ac.10.34 guntas under registered sale deed dated 17.02.1967 from its original owner and pattadar. Respondent No.3 has initiated resumption proceedings under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and passed an order of resumption on 24.05.2008. Assailing the said order, the petitioners filed Writ Petition No.12179 of 2008, wherein this Court has granted stay. The extent of Ac.2.14 guntas, which forms part of the larger extent of Ac.10.34 guntas, referred to above, is now being utilised for the purpose of formation of the abovementioned road. At the hearing, Sri Vedula Venkataramana, learned Senior counsel, submitted that his client has purchased the property from the laoni pattadar, who was granted patta prior to the year 1956, when the condition of prohibition of alienation of the assigned land was not introduced. He further submitted that this Court has stayed the resumption order in Writ Petition No.12179 of 2008 and therefore there is no justification for the respondents to treat this land as belonging to and being vested in the Government. After hearing the learned Government Pleader, I am of the opinion that since Writ Petition No.12179 of 2008 is pending before this Court, the right of the petitioners over the entire extent of Ac.10.34 guntas will be decided in the said Writ Petition. Since the land is required for an important public purpose, its utilization need not wait disposal of the said Writ Petition. The petitioners’ entitlement to payment of compensation under the provisions of the Act shall therefore depends on the outcome of Writ Petition No.12179 of 2008. The petitioners are entitled to pursue the said Writ Petition by raising all legally permissible pleas and dismissal of this Writ Petition would not come in their way for ascertaining their rights over the entire extent of Ac.10.34 guntas of land. In the event the petitioners succeed in Writ Petition No.12179 of 2008, the respondents shall pay compensation to them in accordance with law. Subject to the above observations, the Writ Petition is dismissed. As a sequel to dismissal of the Writ Petition, interim order of status quo granted on 31.07.2008 is vacated and WPMP.No.19314 of 2008 and WVMP.No.1058 of 2009 are disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 04.07.2011 ES