IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 2724 of 1998 Between: 1 M.V.S.K.Appa Rao, S/o M.V.K.N.Appa Rao, R/o 3A, Orchand Court, 63 Chamiers Road, Raja Annamalai Puram Chenni-28 2 M.V.M.K.Appa Rao S/o Late M.V.K.N.Appa Rao, R/o 3A, Orchand Court, 63 Chamiers Road, Raja Annamalai Puram Chenni-28 3 M.V.K.K.Appa Rao, S/o M.V.K.N.Appa Rao, R/o 3A, Orchand Court, 63 Chamiers Road, Raja Annamalai Puram Chenni-28 4 M.V.K.K.K.Appa Rao, S/o M.V.K.N.Appa Rao, R/o 3A, Orchand Court, 63 Chamiers Road, Raja Annamalai Puram Chenni-28 ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh Rep. by its Secretary Revenue (L.Ref) Department, Secretariat Buildings, Hyderabad. 2 The Commissioner of Land Reforms and Urban Land ceiling, Station Road, Nampally, Hyderabad. 3 The District Collector, Krishna District, Machilipatnam. 4 The Addl. Revenue Divisional Officer, (Land Reforms) Bandar, Machilipatnam Krishna District. 5 The Divisional Forest Officer, Krishna Division, Vijayawada, Krishna District 6 Director Horticultural Department, Public Gardens, Hyderabad. R6 is impleaded as per court order dt 21-10-03 in wpmp 21637/03 .....RESPONDENT(S) 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 to issue any appropriate order, or direction or a Writ more particularly a Writ in the nature of Mandamus directing the in action of the respondents in assessing the compensation payable to the petitioners as per the Provisions of the Andhra Pradesh Land Reforms (APLR) (Ceiling on Agriculture Holding) Act.1973, as illegal arbitrary, and Consequentaly direct the respondents to assess and pay compensation liable to petitioners to the fruit bearing trees and structurs with interest from the date of surrending the Lands till date of payment and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case. Counsel for the Petitioner:MR.P.VENUGOPAL Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 2724 OF 1998 ORDER: The dispute in this writ petition relates to payment of compensation for the fruit bearing trees on the land taken over by the Government, from the petitioners, under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holding) Act, 1973. While the petitioners would contend, placing reliance on a letter addressed by the Addl. R.D.O. to the Commissioner dated 26.5.1996, that on the date on which the Government took possession i.e., 22.9.1978 and 25.11.1978, there were 5168 trees, Learned Asst. Government Pleader for Revenue would submit that, as on the date of vesting, the total number of trees were 600 for which compensation was paid. While the letter dated 26.5.1996 does indicate that there were 5168 trees on the date on which possession was taken by the Government, it is not for this Court to examine whether the contents of this letter are genuine or otherwise. On what basis the Addl. R.D.O. came to the conclusion in the year 1996, that there were 5168 trees when possession was taken in September, 1978 nearly 18 years prior thereto, is not known. Since these are all matters of enquiry, it is not for this Court to go into these aspects. Both Sri Kishore, Learned Counsel for the petitioner and the Learned Assistant Government Pleader would agree that this matter necessitates examination by the competent authority i.e, R.D.O. Ends of justice would be met if the R.D.O. Nuzvid, who is said to be competent authority under the Act, is directed to examine the petitioner’s request, including the genuineness or otherwise of the contents of the letter dated 26.5.1996, and thereafter pass a reasoned order in accordance with law on the number of trees available on the land in September and November 1978 when possession of the land was taken over by the Government. In the event of fruit bearing trees in excess of 600 being found to have existed, the R.D.O. shall then determine the compensation payable. The entire exercise in this regard shall be completed within a period of three months from the date of receipt of a copy of this order. Needless to state that the R.D.O shall give the petitioner an opportunity of being heard before he passes an order in this regard. The writ petition is disposed of accordingly. No order as to costs. __________ 11-8-2008 asp