IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 6827 of 2008 Between: Jummidi Ammakka W/o.J.Banaiah R/o.Akanapalli village M.R.Bellampalli, Adilabad District ..... PETITIONER AND 1 The State of Andhra pradesh, rep.by its Secretary to Government, Revenue Department, Secretariat Buildings Hyderabad 2 The District Collector, Adilabad Adilabad District 3 The Revenue Divisional officer, Mancherial Adilabad District 4 Tahasildar, Mandal Revenue officer, Mandamarri M.R.Mandamarri, Adilabad District 5 The Singareni Collieries company Ltd., Mandamarri M.R.Mandamarri, Adilabad District, rep.by its GeneralManager .....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 a writ in the nature of writ of mandamus declaring the action of the respondents in not paying compensation equivalent to full market value of the land of an extent of 6.00 acres in SY.No.148/127 of Mandamarri village, M.R.Mandamarri Adilabad District as per the provisions of Land Acquisition Act as per decision of 2004(2) ALD 451 (L.B) or in the alternative paying compensation exgratia Market value and other benefits as per G.O.Ms.No.1307 Revenue (Assignment-I) Department dated 23.12.1993 is arbitrary, colourable exercise of power and violative of Article 300-A of the Constitution of India. Counsel for the Petitioner: MR.P.V.NARAYANA RAO Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON'BLE SRI JUSTICE C.V.RAMULU Writ Petition No.6827 of 2008 Order: This writ petition is filed seeking a writ of Mandamus declaring the action of the respondents in not paying compensation equivalent to full market value of the land of an extent of Acs.6.00 in Survey No.148/127 of Mandamarri Village, Adilabad District as per the provisions of the Land Acquisition Act, 1894 and as per the decision of a Larger Bench of this Court in Land Acquisition Officer-cum-Revenue Divisional Officer, Chevella Division and others v Mekala Pandu[1] or in alternative to pay compensation/market value and other benefits as per G.O.Ms.No.1307, Revenue (Assignment-I) Department, dated 23.12.1993, as arbitrary and illegal. The grievance of the petitioner is that she in possession and enjoyment of an extent of Acs.6.00 of land in Survey No.148/127 of Mandamarri village and the same has been resumed for public purpose, but no compensation/ex-gratia has been paid as required under the law. There is no necessity to go into all the details. On behalf of respondents 1 to 4, a detailed counter affidavit has been filed denying the allegations made by the petitioner. Further, it is asserted that the respondents have not resumed the land of the petitioner for any purpose, much less for the interest of the fifth respondent herein, as alleged by the petitioner. Therefore, the writ petition is not maintainable and is liable to be dismissed. In view of the averments made in the counter affidavit filed by respondents 1 to 4, the contention of the petitioner that respondents 1 to 4 resumed the land held by her appears to be not correct. Under those circumstances, the writ petition is disposed of directing the respondents not to interfere with the possession of the petitioner in an extent of Acs.6.00 of land in Survey No.148/127 of Mandamarri Village, M.R.Mandamarri, Adilabad District, without following due process of law. No costs. _________________ C.V.Ramulu, J. Date: 06.03.2009 VGB [1] 2004 (2) ALD 451(LB)