IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19160 of 2008 Between: Smt.Aswarthamma W/o.Sanjeevappa R/o.Sanjeevarayapalli Bevinahalli ,Hindupur Mandal, Ananthapur District ..... PETITIONER AND 1 The District Collector, Ananthapur District at Ananthapur 2 The Revenue Divisonal Officer-cum-Land Acquisition Officer, Penukonda,Ananthapur District 3 The Tahasildar,Chilamattur Mandal Ananthapur District 4 Smt.Anjinamma W/o.Aswarthappa R/o.Karrudipalli Hindupur Mandal, Ananthapur District 5 Smt.Lakshmudevamma W/o.Gopalappa R/o.R.Mekalapalli, H/o.Tekulodu Chilmathur Mandal Ananthapur District .....RESPONDENTS 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 issue an appropriate order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 to 3 in taking steps to disburse the compensation amount to the respondents 4 and 5 in respect of the land in Sy.No.100/9 of an extent of Ac.2.11 cents and in Sy.No.99/4 of an extent of Ac.3.10 cents situated Konduru village Polam Chilamathur Mandal, Ananthapur District without deciding the petitioner claim over the said property ,as illegal, arbitrary, and violative of Articles, 21 and 300-A of the Constitution of India and contrary to the provisions of Land Acquisition Act. Counsel for the Petitioner:MR.P.NARAHARI BABU Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: The father of the petitioner and respondents 4 and 5 was granted patta over an extent of Acs.5.21 cents in survey Nos.99/4 and 100/9 of Kunduru Village of Chilamathur Mandal in Ananthapur District. The said land was notiﬁed for the purpose of establishment of a Special Economic Zone. The grievance of the petitioner is that the second respondent, the Land Acquisition Oﬃcer, is entertaining the claims of respondents 4 and 5 alone, in the context of payment of ex-gratia. The petitioner seeks appropriate directions in this regard. Heard learned counsel for the petitioner and learned Government Pleader for Land Acquisition. Admittedly, the land in respect of which the petitioner claims the rights was held by the Government and patta was granted in favour of the father of the petitioner and respondents 4 and 5. Therefore, no compensation, as such, is payable, but only ex-gratia in terms of G.O.Ms.No.1307 dated 23.12.1993, can be determined. The Land Acquisition Oﬃcer is vested with the power to examine the claims and determine the ex-gratia. No award is supposed to be passed. The petitioner claims one third right in the land that was assigned to her father. The entitlement of the petitioner needs to be examined by the second respondent, in case the matter has not reached finality, as yet. Hence, the Writ Petition is disposed of, directing that the ﬁrst respondent shall examine the claim of the petitioner also along with that of respondent Nos.4 and 5, in the matter of determination and payment of ex-gratia for the land in survey Nos.99/4 and 100/9 of Konduru village, Polam Chilamathur Mandal, Ananthapur District. It is made clear that the order shall not be treated as determination of rights of the petitioner or respondent Nos. 4 and 5. If the disbursement has already not been made, it shall be deferred till the claim of the petitioner is determined by the second respondent. There shall be no order as to costs. ____________________ Dt.05.09.2008 L.NARASIMHA REDDY, J GJ