IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 179 of 2005 Between: 1 Viyyapu Yerrayya, S/o Late Ramaswamy, 2 Guddala Bangarayya, 3 Guddala Apparao, s/o Bangarayya, 4 Guddala Tatha, s/o Appalaswamy, 5 Guddala Peda Appa Rao, s/o Late Tatha, 6 Viyyapu Thavudu, S/o Yerraiah, 7 Viyyapu Ramu, s/o Late Appalanarsaiah, 8 Viyyapu Narasimhulu, s/o Kamaraju, 9 Viyyapu Lakshmi, W/o Late Dhanaiah, 10 Viyyapu Chittibabu, s/o Late Vagalaiah, 11 Viyyapu Appalakonda, s/o Late Suryanarayana, 12 Viyyapu Chandra Rao, S/o Narasimhulu, 13 Viyyapu Srinivasa Rao, S/o Chitti Babu, 14 Viyyapu Yerri Babu, S/o Narasimhulu, 15 Viyyapu Ramaswamy, s/o Yerraiah, 16 Viyyapu Sreenu, S/o Viyyapu Yerraiah, 17 Guddala Raju, S/o Guddala Apparao, 18 Guddala Varahalu, S/o G. Bangaraiah, 19 Guddala Apparao, S/o Late Dhanaiah, 20 Guddala Suri Babu, s/o G. Tata, 21 Guddala Suri Babu, S/o G. Bangaraiah, (All are R/o Kummaripalem (v), Bheemunipatnam Mandal, Visakhapatnam District). ..... PETITIONER(S) AND 1 Government of Andhra Pradesh, rep. by Secretary, Revenue and Land Acquisition Dept, Secretariat, Hyderabad. 2 District Collector, Visakhapatnam District at Visakhapatnam. 3 Visakhapatnam Urban Development Authority, rep. by its Vice Chairman and Managing Director, Visakhapatnam. 4 Special Deputy Collector Land Acquisition), Urban Development Authority, Visakhapatnam. .....RESPONDENT(S) Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent Nos. 1 & 2: GP FOR LAND ACQUISITION Counsel for the Respondent No.3: MRS V. PREETI REDDY The Court made the following Order: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a writ of mandamus to declare the action of respondents in seeking to acquire the lands of the petitioners comprised in Sy.Nos.59/1, 59/2, 62/1, 62/3, 62/4 and 62/9 of Kummaripalem village, Bheemunipatnam Mandal, Visakhapatnam District. At the hearing, Sri Vedula Venkataramana, learned counsel for the petitioners, submitted that the writ petition is filed on the premise that since the respondents failed to pass an award within two years of publication of the declaration under Section 6 of the Land Acquisition Act, 1894 (for short ‘the Act’), the land acquisition proceedings have got lapsed by operation of Section 11-A of the Act. In the counter affidavit filed by the respondents, it is specifically averred that declaration under Section 6 of the Act was published on 26-12-2002, award was passed on 20-11-2004 and in view of the dispute, the matter was referred under Section 30 of the Act and the compensation amount was deposited under Section 31(2) of the Act and subsequently the writ petition is filed. These facts are not controverted by the petitioners by way of any reply. In view of the above mentioned facts pleaded by the respondents, the plea of the petitioners that the land acquisition proceedings lapsed on account of non-passing of award cannot be accepted. The writ petition is, therefore, dismissed. As a sequel to disposal of main petition, WPMP.No.31835 of 2005 filed by the petitioners for interim relief is dismissed as infructuous. _________________________ C.V.NAGARJUNA REDDY, J Dt:07.07.2008 Usd