IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.25576 of 1999 Between: 1 Somagani Venkati, S/o. Seethaiah. Kodad Village and Mandal, Nalgonda District. 2 Alvala Akkaiah, S/o. Satyanarayana. Kodad Village and Mandal, Nalgonda District. ..... PETITIONER(S) AND 1 Govt. of A.P., Rep. by its Secretary, Irrigation Department, Secretariat, Hyderabad. 2 The Chief Engineer, I&CAD Department, Erramanzil, Hyderabad. 3 The Collector, Nalgonda District. 4 The Land Acquisition Officer and Special Deputy Collector SLBC Unit-II, Gandhamvari Gudem, Nalgonda District. .....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 may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring that Sec.11 and 23(1) of the L.A.Act as amended by the Nagarjuna Sagar Project (Acquisition of Lands) Act, 1956 as ultravires of Second proviso to Art. 31(A) of the Constitution of India, in so far as it applied to the acquisition of the lands of the petitioners and consequently direct the respondents to pay the compensation as per the market value under L.A.Act., 1894 as amended by Act 68/84 after setting aside the Award passed by the 4th respondent and after declaring the Land Acquisition proceedings as illegal and void, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.P.REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.25576 of 1999 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) When the matter has been taken up for hearing on 05-02-2009, none appeared for the petitioners and as such, the matter was directed to be posted under the caption “for dismissal”. Today also, when the matter is taken up for hearing, neither learned counsel for the petitioners is present nor is there any representation on their behalf. Accordingly, the writ petition is dismissed for non-prosecution. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 09-02-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{SRAVAN}