IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.5791 of 2009 Between: T. Srinivasulu, S/o. Subbaramaiah, R/o. Mallavaripalem East Village, Satyavedu Mandal, Chittoor District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department (Land Acquisition), Secretariat Buildings, Hyderabad. 2 The District Collector, Chittoor, Chittoor District. 3 The Special Deputy Collector, Tirupathi, Chittoor District. 4 The Tahsildar/Mandal Revenue Officer, Sathyavedu, Sathyavedu Mandal, Chittoor 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 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying exgratia to the petitioner over the land admeasuring Ac. 2-64 cents in Sy.No. 383/3, of Mallavaripalem Village, Satyavedu Mandal, Chittoor District as illegal, arbitrary and violative of Articles 14 and 300-A of the constitution of India and consequently direct the respondents to forthwith pay the exgratia to the petitioner over the land admeasuring Ac. 2-64 cents in Sy.No. 383/3, of Mallavaripalem Village, Satyavedu Mandal, Chittoor District. Counsel for the Petitioner: MR.V.VINOD.K.REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.5791 OF 2009 ORDER: According to the petitioner, the Government of Andhra Pradesh has assigned the land in an extent of Ac.2-64 cents in Sy.No.383/3 of Mallavaripalem Village, Satyavedu Mandal, Chittoor District, in his favour, vide DKT patta No.1036/4/1386 dated 28.06.1977, and pattadar passbook was also issued, and since then he has been in possession and enjoyment of the same without any interruption from any corner. While so, the Government declared the entire village of the petitioner as Special Economic Zone for the purpose of establishing Industrial Park and in that connection, the 4th respondent- Tahsildar, Satyavedu Mandal, issued a notice dated 20.05.2008 to the petitioner stating that the land assigned to the petitioner has been notified for acquisition and the petitioner was required to submit his objections, if any, for such acquisition, within seven days from the date of receipt of the said notice. The petitioner contends that pursuant to receipt of the said notice, he submitted a representation to the 4th respondent on 06.06.2008 stating that he has no objection for acquisition and requested for payment of ex- gratia for the said land. It is the grievance of the petitioner that though his land has been acquired in the month of June 2008 and possession was taken over, till date the respondents have not paid the ex-gratia, to which he is entitled in view of G.O.Ms.No.1307 dated 23.12.1993. Learned counsel for the petitioner relied on a Judgment of this Court in W.P.No.4805 of 2008, dated 28.04.2008, wherein it was held that if the assigned land is required for a public purpose, the only remedy available to the authorities is to acquire the same by resorting to the land acquisition proceedings and pay ex-gratia in terms of G.O.Ms.No.1307 dated 23.12.1993, and, accordingly, the said writ petition was disposed of with certain directions in that regard. In the instant case also, it is the grievance of the petitioner that ex- gratia is not being paid for the assigned land held by him, which was acquired by the Government. Therefore, this writ petition can be disposed of with the directions issued in the aforesaid Judgment dated 28.04.2008 in W.P.No.4805 of 2008. Accordingly, the respondent authorities are directed to pay ex-gratia to the petitioner for having acquired the land admeasuring Ac.2-64 cents in Sy.No.383/3 of Mallavaripalem Village, Satyavedu Mandal, Chittoor District, as provided under G.O.Ms.No.1307 dated 23.12.1993, if the DKT patta issued in favour of the petitioner is not cancelled. With the above directions, the writ petition is disposed of. No order as to costs. score _________________ JUSTICE C.V. RAMULU 20th March, 2009. IBL