IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 1155 of 1999 Between: 1 Doddi Lovaraju S/o. Butchiah Lampakalova (V), E.G.Dist. 2 Sigireddi Rambabu S/o. Venkataraju Lampakalova (V), E.G.Dist. 3 Nimmala Satyanarayana S/o. Talupulayya Rowthulapalem, Near Uttarakanchi, E.G.District. 4 Nedulla Rambabu S/o. Chandrarao Rowthulapapudi (V), E.G.Dist. 5 Sammita Venkataraju S/o. Sathiyya Lampakalova (V), E.G.Dist. 6 Nedulla Dharmaraju S/o. Kondayya Rowthulapapudi (V), Near Uttarakanchi (V), E.G.Dist. 7 Korni Venkayyamma W/o. Ramaswamy Rowthulapalem, Near Uttarakanchi, E.G.District. 8 Nedulla Jogeswararao S/o. Venkatarao Rowthulapalem, E.G.Dist. 9 Sammita Suryarao S/o. late Ammanna Lampakalova (V), E.G.Dist. 10 Pandi Narayana Murthy S/o. Venkayya Lampakalova (V), E.G.Dist. 11 Pandi Suryarao S/o. Venkayya Lampakalova (V), E.G.Dist. ... PETITIONERS AND The Land Acquisition Officer and Special Deputy Collector, L.A.Unit and Revenue Divisional Officer, Peddapuram. .....RESPONDENT 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 any appropriate writ order or direction especially in the nature of Mandamus declaring the action of the respondent in not considering the applications of the petitioners U/S. 28A of the L.A.Act as illegal, arbitrary and further direct him to determine the compensation payable to the petitioners in the light of the judgment in OP NO.42/1986 on the file of the court of the Sub.Judge, Peddapuram. Counsel for the Petitioners : MR.VL.N.G.KMURTHY Counsel for the Respondent : GP FOR LAND ACQUISITION The Court made the following : O R D E R : The agricultural lands of the petitioners were acquired for public purpose. Some other land oustees sought reference under Section 18 of the Land Acquisition Act,1894 (for brevity ‘the Act’) to the Court of the Senior Civil Judge, Peddapuram. The said Court disposed of the O.P. by order dated 3-6-1996 enhancing the compensation. Petitioners obtained the certified copy on 29-11-1996 and filed applications on 7-1-1997 to the Land Acquisition Officer to redetermine the compensation at the rate of Rs.30,000/- per Acre as determined by the Civil Court. As these applications under Section 28-A of the Act are not considered, petitioners filed the present writ petition seeking a direction to the respondent to redetermine the compensation in the light of the judgment in O.P.No.42 of 1986 passed by the Court of the Senior Civil Judge, Peddapuram. The learned Assistant Government Pleader for Land Acquisition, submits that against the judgment and decree of the Civil Court, the Government preferred an appeal being A.S.No.51 of 1997 before this Court and the same is pending. Therefore, the Collector could not redetermine the compensation under Section 28-A of the Act. As the learned counsel for the petitioner does not dispute that the applications made by his clients are still pending and they are not rejected, this Court holds that the respondent has taken correct steps in not passing any orders during the pendency of A.S.No.51 of 1997. As and when the appeal is disposed of by this Court, the respondent shall pass appropriate orders on the applications made by the petitioners in January, 1997. The writ petition, with the above observations, is disposed of. No costs. ________________ (V.V.S.RAO, J.) 13-09-2004. Msr. To 1. The Land Acquisition Officer and Special Deputy Collector, L.A.Unit and Revenue Divisional Officer, Peddapuram. 2. 2CCs to Government Pleader for Land Acquisition, High Court of A.P., Hyderabad.(OUT) 3. 2CD copies HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.1155 of 1999 13-09-2004. (Msr)