IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 27737 of 2008 Between: Betham Devasahayam S/o. Late Yesobu R/o. Kalanuthala Village, Peddaraveedu (M) Prakasam District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary to Revenue (Land Acquisition) Department, Secretariat, Saifabad, Hyderabad. 2 Special Deputy Collector (Land Acquisition) Poolasubbaiah Veligonda Project-Unit-I Markapuram, Prakasam District. 3 Special Collector (Land Acquisition) Poolasubbaiah Veligonda Project Ongole, Prakasam 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 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 compensation or exgratia for petitioner's land of Ac 5.00 cents covered by Sy.No. 425/2B of Gundamcherla Village, H/. Kalanuthala Village, Peddaraveedu, Mandal in spite of land being submerged and acquired in Poola Subvbaiah Veligonda project as illegal, irregular, arbitrary, violative of provisions of Land Acquisition Act and offends Articles 14, 21 and 300-A of Constitution of India and Consequently direct the respondents to pay compensation or ex-gratia and to pass Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.27737 of 2008 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in not paying compensation/ex gratia for petitioner's land of Ac 5.00 cents covered by Sy.No. 425/2B of Gundamcherla Village, H/. Kalanuthala Village, Peddaraveedu Mandal in spite of land being submerged and acquired in Poola Subvbaiah Veligonda project as arbitrary and illegal. It is the case of the petitioner that he is the absolute owner and possessor of land to an extent of Ac.5-00 cents in Sy.No.4232B of Gundamcherla village, H/o Kalanuthala village. The said lands were sub- merged in Pula Subbaiah Veligonda Reservoir. According to the petitioner, the said lands were originally assigned to his father. Since his father is no more, he is entitled for payment of compensation/ex gratia. In this regard, petitioner made a representation to the District Collector on 4.8.2008. On the said representation, the third respondent also invited report from the second respondent on 7.8.2008. In this regard, the learned counsel for petitioner also brought to the notice of the Court the proceedings of Special Deputy Collector (Land Acquisition), Pula Subbaiah Veligonda Project, Unit-I, Markapur in Rc.No.B/3/2008 dated .3.2008, wherein the name of the petitioner and his father was shown in respect of land of 5 Acres in Sy.No.425/2. Under those circumstances, without expressing any opinion on merits, the respondents are directed to take into consideration the proceedings issued by the Special Deputy Collector (Land Acquisition), Pula Subbaiah Veligonda Project, Unit-I, Markapur in Rc.No.B/3/2008 dated .3.2008 and consider the same for the purpose of payment of compensation/ex gratia after conducting a detailed enquiry, if necessary. This exercise shall be completed within a period of six weeks from the date of receipt of this order and communicate the same to the petitioner. The writ petition is accordingly disposed of. No order as to costs. _____________ C.V.RAMULU, J Date: 21.1.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.27737 of 2008 21.1.2009