HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.23375 of 2010 Date : 3-12-2011 Between: Kota Munaiah .. Petitioner And The Special Collector, Land Acquisition, GNSS, Kadapa District, Kadapa and another .. Respondents Counsel for petitioner : Sri G. Venkata Reddy Counsel for respondents : Assistant Government Pleader for Land Acquisition The Court made the following: ORDER: This Writ Petition is ﬁled for a mandamus to declare the inaction of the respondents in paying compensation to the petitioners in respect of Ac.4-39 cents and Ac.3-03 cents taken over from them in Sy.Nos.137 and 134 respectively, of Gangapuram village, Kondapuram Mandal, Kadapa District, as illegal and arbitrary. The uncontroverted fact is that the petitioners were granted DKT pattas in respect of the above mentioned lands on 28-6-1998 and 23-2-2004 respectively. It is also not in dispute that these lands are submerged in Mylavaram Reservoir project (presently Gandikota Irrigation project). The petitioners are claiming compensation/ex gratia for these lands. Their claim is denied in the counter- aﬃdavit of respondent No.2 only on the ground that earlier in the year 1976, these lands were submerged in the Mylavaram Reservoir project and therefore the petitioners are not entitled to payment of ex gratia. The fact that much after the purported submergence, assignments were granted to the petitioners is admitted. Under G.O.Ms.No.1307, dated 23-12-1993, the assignees are entitled to payment of ex gratia. The fact that the lands in question were earlier submerged in Mylavaram Reservoir project has no relevance whatsoever on the claim of the petitioners for payment of ex gratia as much after the submergence, the petitioners were assigned the lands. Therefore, they cannot be meted out discriminatory treatment from other assignees only on the ground that prior to such assignment, the lands got submerged in the Mylavaram Reservoir project. Such a distinction cannot be sustained in law. For the above mentioned reasons, the Writ Petition is allowed. The respondents are directed to pay ex gratia in respect of the above mentioned lands to the petitioners in terms of G.O.Ms.No.1307, dated 23-12-1993, within a period of three months from the date of receipt of this order. As a sequel WPMP No.29900/2010 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 3-12-2011 AM