THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 445 of 2010 Between: Atluri Lakshmaiah …… Petitioner and State of Andhra Pradesh, Rep. by its District Collector, Prakasam District & others ….. Respondents THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 445 of 2010 O R D E R: Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. In this Writ Petition, the petitioner seeks a mandamus to declare the action of Respondents 1 to 4 in not paying compensation for the lands admeasuring Ac.3.13 cents and Ac.8.46 cents covered by Sy. Nos. 14 and 60 respectively, situated at Kannootala Village, Pedaravidu Mandal, Prakasam District as arbitrary and illegal. The petitioner claims that he inherited the aforesaid property from his father and that he is in possession and enjoyment of the same. While so, the said land was acquired for the purpose of Poola Subbaiah Veligonda Project and consequently, he is entitled to receive the compensation therefor. But, however, it seems, respondents 5 and 6 conspired with local political leaders and trying to get their names notified in the proceedings initiated under the provisions of the Land Acquisition Act, 1894, thereby depriving the petitioner from receiving the compensation. Therefore, the petitioner got issued a legal notice dated 13.02.1999 to respondents 1 to 4 requesting to refer the matter to a competent civil Court, but they did not respond thereon. Hence, the present Writ Petition has been filed. On instructions, learned Government Pleader for Land Acquisition submits that pursuant to the notification issued requiring the lands in question for acquisition, neither notices were issued nor any award determining the right, title and interest of the parties thereto, was passed. In view of the submission of the learned Government Pleader, without there being any award, it cannot be said that the petitioner is deprived of the benefit of receiving the compensation. In that view of the matter, I deem it appropriate to permit the petitioner to file a claim petition before the 3rd respondent – Land Acquisition Officer, within a period of six weeks from today. On such claim petition being filed, the 3rd respondent shall consider the same along with the claims of respondents 5 and 6 and pass orders considered appropriate. It is needless to say that if the claim of either the petitioner or respondents 5 and 6 is negatived, it would be open to such claimant to work out remedies in accordance with the provisions of the Land Acquisition Act, 1894. Subject to the above directions, the Writ Petition is disposed of. There shall be no order as to costs. ---------------------------- (R. SUBHASH REDDY, J) 21st January 2010 Note: Issue CC in three days. Ksld/Mrr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}