IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 4861 of 2004 Between: K.Ranga Rao, S/o.Late K.Raghuvaiah, R/o.Sai Dinesh Apartments, Plot No.180, Flat No.14, Kalyan Nagar, Venture-III, Hyderabad-500018. ..... PETITIONER AND 1 State of Andhra Pradesh, rep. by Principal Secretary to Home, Secretariat, Saifabad, Hyderabad. 2 State of Andhra Pradesh, General Administration (SC-A) Department, Rep. by its Chief Secretary, Secretariat, Saifabad, Hyderabad. 3 The District Collector of Medak, at Sanga Reddy. 4 The Sub-Collector of Medak at Sanga Reddy. .....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 call for the records relating to and connected with proceedings Letter No.5937/SC.A/A2/2003-2, dated 10-4-2003 and setaside the same holding it absolutely illegal, arbitrary, unconstitutional and violative of fundamental rights and consequently declare that the petitioner is entitled for compensation for Rs.8 lakhs towards loss of property, violation of fundamental rights guaranteed under Article 14, 19(1)(g), 21 and 300A of Constitution of India and also direct therespondents to pay the same forthwith in the interest of justice. Counsel for the Petitioner:MR.PRATAP NARAYAN SANGHI Counsel for the Respondent No.: GP FOR HOME The Court made the following : Form-NIC-OGS/WP{CPK} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.4861 OF 2004 ORDER: The petitioner questions the communication made by the second respondent vide its letter No.5937/SC.A/A2/2003-2, dated 10-4-2003 in rejecting the request of the petitioner for the payment of compensation amount for the loss of property for a sum of Rs.8,00,000/- alleged to have been caused by the extremists. Admittedly, the petitioner has not made any complaint with regard to the so called loss of property worth Rs.8,00,000/- said to have been caused by the extremists and no crime has been registered. The so-called recommendation made by the District Collector vide his letter dated 14-3-1996 for the financial assistance of Rs.1,00,000/- as a special case has been thoroughly discussed by the Government in the impugned letter. I am declined to accept the said recommendation of the Government as there was no any basis for such recommendation and the said recommendation is not supported by any police report as required by the orders of the Government in G.O.Ms.No.648, General Administration (SC-A) Department dated 24-11-1992 and therefore, the request of the petitioner for sanction of exgratia in accordance with the orders of the Government in the said Government Order cannot be considered. I am of the opinion that wherever the facts are admitted, there cannot be any difficulty in awarding the compensation to the victims as it is the duty of the State to protect the property of the private individuals. In the instant case, absolutely, there is no any evidence that goes to show that the property of the petitioner has been damaged by the extremists, therefore, the disputes questions of facts cannot be decided by this Court. Having regard to the facts and circumstances of the case, the writ petition is dismissed. However, it is open for the petitioner to avail the remedy available before the Civil Court and establish her claim. No order as to costs. ________________ V.ESWARAIAH,J Date: 9-07-2008. Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of Andhra Pradesh, rep. by Principal Secretary to Home, Secretariat, Saifabad, Hyderabad. 2 State of Andhra Pradesh, General Administration (SC-A) Department, Rep. by its Chief Secretary, Secretariat, Saifabad, Hyderabad. 3 The District Collector of Medak, at Sanga Reddy. 4 The Sub-Collector of Medak at Sanga Reddy. 5.2CCs to 6.2CD copies