IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 27509 of 2008 Between: 1 Avirneni Rama Krishna S/o.A.Rama Koteswara Rao R/o.Velagalaru Village, G.Konduru Mandal, Krishna District. 2 Avirneni Srinivas S/o.A.Rama Koteswara Rao Rep. by G.P.A. Holder MR.A. Rama Koteswara Rao, R/o.Velagalaru Village, G.Konduru Mandal, Krishna District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Special Deputy Collector (LA), Indira Sagar, (Polavaram Project) Unit-3, Door No. 30-22-39, Eluru Road, Vijayawada - 520 002, Krishna District. 2 The District Collector, Krishna District at Machilipatnam. .....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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not acting upon the objections/representation dated 01.11.2008 is as illegal, arbitrary, mala fide, against the principles of natural justice and contrary to Sec.23 of Land Acquisition Act and consequentially direct the respondents to send the copy of the Panchanama conducted by the 1st respondent on 23.10.2008 in Sy.No.80/1 of Velagaleru Village, G.Konduru Mandal, Krishna District to an extent of Ac.6.05 Cents to the Government Agency such as Horticulture/Forest Department to get the statistical assessment of proposed loss or damage at the time of taking possession of the land for payment of compensation and before passing the award, by considering the objections/representation dt. 01.11.2008 and pass. Counsel for the Petitioner:MR.J.U.M.V.PRASAD Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No. 27509 of 2008 Order: Petitioners, two in number, seek a direction from this Court to the first respondent to consider their objections/representation dated 01.11.2008, in so far as acquisition of their lands are concerned. Sri J.U.M.V. Prasad, learned counsel for the petitioners, would state that the award enquiry has not yet been held and that no award has yet been passed. The grievance of the petitioners, as espoused by the learned counsel, is that while the notification, under Section 4(1) of the Land Acquisition Act, is dated 23.02.2008, the respondents were seeking to fix the market value at the rates prevailing in the year 2003. Learned counsel would state that the petitioners have raised objections in this regard and several other objections in the representation dated 01.11.2008 and that it would suffice if this Court were to direct the first respondent to dispose of the representation within a specified time frame. Heard the learned Government Pleader for Land Acquisition also and with the consent of both the counsel, the writ petition is being disposed of at the stage of admission. In case the award enquiry has not yet been held, there can be no objection to the petitioners objections/representation dated 01.11.2008 being considered by the Land Acquisition Officer. There shall be a direction to the first respondent to consider the petitioners objections/representation dated 01.11.2008 during the course of award enquiry and dispose of the same in accordance with law before passing the award. It is made clear that consideration of the petitioners’ representation, as aforementioned, need be undertaken only if the award enquiry has not yet been held and the award has not yet been passed. The writ petition stands disposed of accordingly. No costs. __________________________ RAMESH RANGANATHAN, J. Date: 18.12.2008 Nsr