IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5805 of 2008 Between: M.Pullanna, S/o.late M.Pedda Kullayappa, H.No.297,Sy.No.133,Muchumarri Village, R.S.Kondapuram Mandal, Kadapa District & Presently residing at Gandhinagar, Near B.H.Mahal,Tadipatri,Anantapur District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep by its Prl.Secretary, Revenue Department, Secretariat Buildings,Hyderabad. 2 The District Collector,Kadapa. 3 The Dy.Commissioner-cum-Land Acquisition Officer, Galeru- Nagari,Sujala Sravanthi-III, Muddanur,Kadapa District. 4 The Revenue Divisional Officer, Kadapa, Kadapa District. 5 Erranagulla Tirupalu, S/o.Bodi Nagappa, R/o.Muchumarri Village, Choutupalli Post, R.S.Kondapuram Mandal, Kadapa District. .....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 issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in releasing the compensation amount in favour of the 5th respondent under the guise of he is the owner of the house bearing No.2- 24 (new No.297) of Muchumarri Village, R.S.Kondapuram Mandal, Kaapa District as illegal, improper, unjust, arbitrary and contrary to the records available and further direct the respondents 2 to 4 to release the compensation in favour of the petitioner, as he is the only legal heir of late Sri pedda Kullayappa and Smt.Ankalamma, who are the absolute owners of the house bearing No.2.24 (new No.297) of Muchumarri Village, R.S,Kondapuram Mandal, Kadapa District. Counsel for the Petitioner:MR.G.SEENA KUMAR Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5805 of 2008 ORDER: According to the petitioner, he is entitled for payment of compensation with regard to the land which is under acquisition, but the Land Acquisition Officer, Galeru-Nagari Sujala Sravanthi Phase- III, is paying compensation to the 5th respondent and hence, he approached this Court and filed the present writ petition. 2. On instructions, the learned Government Pleader stated that the petitioner gave a representation on 30.01.2008 stating that the petitioner is entitled for payment of compensation, and in fact, there are about 450 structures, which are acquired for the said Galeru-Nagari Sujala Sravanthi Phase-III project and the award is passed only with regard to 236 structures. If at all, any compensation is paid to the 5th respondent, it cannot be said that it is ignoring the claim of the petitioner. 3. Having heard both the Counsel and considering the submissions, this Court is of the view that it is unnecessary for this Court to go into these aspects which are canvassed by both the Counsel as the petitioner had already made a representation on 30.01.2008. It is suffice to direct the respondents, particularly the 3rd respondent to consider the said representation, dated 30.01.2008, and pass appropriate orders with regard to the payment of compensation. 4. Accordingly, this writ petition is disposed of at the stage of admission, directing the respondents, particularly, the 3rd respondent to consider the representation, dated 30.01.2008, filed by the petitioner and pass appropriate orders with regard to the payment of compensation. _____________________ 31…03…2008. Note: Furnish C.C. of the order in one week. (B/o) GS ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, rep by its Prl.Secretary, Revenue Department, Secretariat Buildings,Hyderabad. 2 The District Collector,Kadapa. 3 The Dy.Commissioner-cum-Land Acquisition Officer, Galeru- Nagari,Sujala Sravanthi-III, Muddanur,Kadapa District. 4 The Revenue Divisional Officer, Kadapa, Kadapa District. 5.2CCs to G.P. for Land Acquisition. 6.2CD copies Form-NIC-OGS/WP{LS}