HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.2764 OF 2006 Dt.26.8.2009 Between: Donoi Bramham … Petitioner and 1. The Special Deputy Collector, Land Acquisition, Banaganapalli, Kurnool. and two others … Respondents HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.2764 OF 2006 O R D E R: This Court issued Rule nisi on 16.2.2006. Counter-affidavit had been filed on behalf of respondent Nos.2 and 3. 2. The writ petition is filed for a writ of Mandamus declaring the action of respondents, in not paying the compensation to the petitioner, as arbitrary, illegal and consequently direct the respondents to pay the compensation to the petitioner and to pass such other suitable orders. 3. It is stated that the petitioner was granted ‘D’ Form patta to an extent of Ac.5.47 cents in Sy.No.436/3 in China Bodanam village, Chagalmarri Mandal, Kurnool District vide ‘D’ Form patta No.R.Dis.91/DAR/1388 dated 20.12.1978 and since then the petitioner had been cultivating the said land till the respondent acquired it, in the year 1999. The patta of the petitioner was in existence till the acquisition and it was not cancelled at any time. It is also stated that the Mandal Revenue Officer, Chagalamarri Mandal addressed a letter to the Revenue Divisional Officer, dated 12.7.1999, giving the particulars of the assigned lands, wherein construction of new percolation tank across local vagu near Thippinapalli village. The annexure to this also indicates that the land of the petitioner, which had been assigned to him also was acquired. However, the respondents did not pay any compensation, inspite of repeated representations. Hence, finally the petitioner made a representation to respondents on 14.2.2005, and also issued notice dated 25.11.2005 requesting them to pay compensation. The decision 2004(2) ALD 451 (LB) also had been referred to. 4. In the counter-affidavit filed by respondent Nos.2 and 3 several of the averments had been denied. It was stated that the brief facts of the case are that an extent of Ac.64.03 cents of patta lands in Kotakandukur village of Allagadda Mandal and in Chinna Bodanam village of Chagalamarri Mandal, Kurnool District was acquired vide Award No.2/1998 dated 30.3.1998 of the Sub Collector, Nandyal for the purpose of construction of percolation tank near Thippanapalli village. The land in question ie., Sy.No.436/3 measuring Ac.5.47 cents of Chinna Bodanam village, Chagalamarri Mandal is not a patta land, but it is Government assigned land. As such, the said land was not included in the Draft Notification under Section 4(1) and Draft Declaration under Section 6 of the Land Acquisition Act, and hence Award could not be passed for the land, and it is submitted that only exgratia can be paid to the Government assigned lands and no compensation will be paid. Exgratia will be paid to the genuine enjoyers of the assigned land only after verification of the connected records, enquiry and inspection of land, fixation of market value and obtaining required funds from the requisitioning authority ie., the Executive Engineer, Minor Irrigation Works Division, Nandyal, Kurnool District. 5. It is also stated that it is true that on 12.7.1999, the then Mandal Revenue Officer, Chagalamarri has submitted his report to the office of the Sub-Collector, Nandyal and detailed report is yet to be received from the Mandal Revenue Officer, Chagalamarri in this regard. It is further submitted that soon after receipt of detailed report from the Mandal Revenue Officer, Chagalamarri in a prescribed proforma, the same will be verified with reference to records and enquiry and inspection of land will be carried out. After this, the market value of the assigned land for payment of exgratia to the genuine assignee or legal heir will be fixed, required funds are also to be obtained from the Requisitioning authority. The Mandal Revenue Officer, Chagalamarri and the Executive Engineer, Minor Irrigation Works Division, Nandyal are being addressed in the matter and at least 3 to 4 months period would be required for payment of exgratia to the assignee. 6. In view of the facts and circumstances, especially inasmuch as it is stated that representations had been made and a legal notice also had been issued, let the 1st respondent taking into consideration of the facts and circumstances take appropriate action in this regard in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order, if already decision had not been taken. 7. The Writ Petition is accordingly disposed of. No order as to costs. _________________ P.S.NARAYANA,J 26th August, 2009. PNV