IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24666 of 2001 Between: Smt. Devineni Rama Seetamma … Petitioner AND The Land Acquisition Officer, (Sub-Collector), Vijayawada, Krishna District & others. … Respondents Counsel for the petitioner : Sri M.R.K. Chowdary, Senior Counsel assisted by Sri M. Sudhir Kumar Counsel for respondent No.1: AGP for Land Acquisition Counsel for respondent No.3: Sri M. Ravindranath Reddy This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24666 of 2001 ORDER:- This writ petition is ﬁled for a writ of Mandamus to declare the action of respondent No.1 in refusing to pay the amount of compensation and all other statutory beneﬁts in respect of Ac.1.93 cents of land in RS.No.53/B1 of Bhavanipuram, Vijayawada, as illegal and void. The petitioner succeeded to the estate of her husband in respect of Ac.1.93 cents in RS.No.53/B1 of Bhavanipuram, Vijayawada. Respondent Nos.2 to 5 represent the branch of Sri Late D. Koteswara Rao, who was the brother of the petitioner’s husband. The said branch was entitled to receive compensation in respect of Ac.1.92 cents in RS.No.53/B2. In O.P.No.399 of 1982, compensation in respect of the shares of both the parties was enhanced to the tune of Rs.7,28,420=11 paise. The petitioner ﬁled this writ petition with the grievance that in pursuance of order passed in LPA.No.239 of 1987 by this Court, a sum of Rs.3,76,816=60 paise, which was due and payable towards his share, was paid to respondent Nos.2 to 5 through their counsel. In the counter aﬃdavit ﬁled by Special Oﬃcer and Competent Authority, Urban Land Ceilings, Vijayawada, the said allegation is denied and in para 7 of the said counter aﬃdavit it is stated that as per the decree in O.P.No.399 of 1982 a sum of Rs.7,28,420=11 paise was to be deposited and that out of the said sum, the following amounts are deposited. “04.09.1987 - Rs. 34,946-00 09.01.1988 - Rs. 3,76,818-00 Directly paid by the Requisitioning Department to the Advocate of Sri D. Koteswara Rao 19.09.1997 - Rs. 2,11,272-00 The balance amount to be Rs. 1,05,384- 11 deposited in the Court.” Having regard to the stand taken in the counter aﬃdavit, Sri M.R.K. Chowdary, learned Senior Counsel for the petitioner stated that from the information given in the counter aﬃdavit, it is clear that the sum of Rs.3,76,818/- payable to the share of respondent Nos.2 to 5 alone was paid to them and that a part of the balance amount payable to the petitioner is lying in deposit in the civil Court. He further submitted that as a part of the share of the petitioner is still to be deposited, the respondents may be directed to deposit the said amount, so that the petitioner can withdraw her share from the Court in O.P.No.399 of 1982. Learned Assistant Government Pleader for Land Acquisition says that she has no information whether the balance amount to the extent of the share of the petitioner has been deposited by the Land Acquisition Officer. In the light of the contents of the counter affidavit as referred to above and the submissions of the learned counsel for the parties, the writ petition is disposed of with the direction to respondent No.1 to deposit the balance share of the petitioner’s compensation in respect of Ac.1.92 cents as per the decree in O.P.No.399 of 1982 on the ﬁle of the Principal Senior Civil Judge, Vijayawada, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the petitioner is entitled to withdraw her entire balance share in pursuance of the decree in O.P.No.399 of 1982. Subject to the above observations, the writ petition is disposed of. ____________________________ C.V.NAGARJUNA REDDY, J Date: 17.09.2008 ES