THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 8753 OF 2004 DATE: 29.07.2010 Between: Bandaru Appa Rao ..... PETITIONER AND Government of Andhra Pradesh, rep. by Principal Secretary, Revenue (Land Acquisition), Secretariat Buildings, Hyderabad and another .....RESPONDENTS The Court made the following : THE HON’BLE MS. JUSTICE G. ROHINI WRIT PETITION No. 8753 OF 2004 ORDER : This writ petition is filed seeking a mandamus directing the 2nd respondent-Special Deputy Collector (Land Acquisition), Coast Based Thermal Project (CBPTS) Visakhapatnam to pass fresh award in respect of Ac.0-59 cents of land situated in survey No.30/1 of Kalapaka village, Visakhapatnam District. Heard the learned counsel for both the parties and perused the material available on record. It is stated that the land in question originally belonged to one Bandaru Pydithalli Naidu. On his demise his three sons, including Peda Appalanaidu father of the petitioner, succeeded to the said land. It is stated that in the month of May, 2000 the petitioner came to know that the land in question was acquired. As no notice was served on him at any point of time, the petitioner made a representation dated 12.08.2000 before the 2nd respondent claiming compensation for the land acquired. Alleging that the 2nd respondent failed to consider his claim, the present writ petition has been filed with the above prayer. In the counter affidavit filed on behalf of the 2nd respondent it is stated that the land in question was acquired under the notification dated 29.04.1998 published under Section 4 (1) of the Land Acquisition Act, 1894 followed by Section 6 declaration dated 14.04.1999. After due enquiry an award was passed on 17.05.2000 awarding the compensation to an extent of Ac.0-20 cents in the name of Bandaru Santhayya and Ac.0-39 cents in favour of Bandaru Chinna Rao, considering the fact that they were the legal heirs of the original deceased pattadar Bandaru Pydithalli Naidu. It is further stated that after the award was passed a representation was received from one Bandaru Simhachalam, Bandaru Peda Appalla Naidu and Bandaru Chellayya as well as the petitioner and in view of the objections raised by them the compensation was deposited in the Revenue Deposit on 05.07.2000. It is also stated that the petitioner had also filed O.S.No.1695 of 2001 on the file of the Court of the III Additional Junior Civil Judge, Visakhapatnam for declaration of title and the same is pending. The learned Government Pleader for Land Acquisition on the basis of the record further stated that the award was passed as per the consent among the parties in favour of Bandaru Santhayya and Bandaru Chinna Rao. Having regard to the facts and circumstances of the case, particularly in view of the fact that a consent award was passed by the Land Acquisition Officer and the suit filed by the petitioner for declaration of title is pending before the competent Court of civil jurisdiction, the interference by this Court is not warranted. Accordingly the Writ Petition is dismissed. No costs. _____________ G. ROHINI, J Date: 29.07.2010 Ivd