IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MS JUSTICE C.V.RAMULU WRIT PETITION NO : 6559 of 2005 Between: 1. Chalamala Venkata Reddy, S/o.Narasa Reddy, aged about 32 years. 2. Bheemesetty Pedda Venkata Subbaiah, S/o.Venkata subbaiah, aged about 50 years. 3. Putta Badraiah died and his L.R.wife Kantammka, aged about 52 years. 4. Pydakula Kondaiah, died his L.R.wife Lakshminarasamma, aged about 54 years. 5. Manduru Narayana died and his L.R. son Malleswaraiah, aged about 43 years. 6. Manduri Ramaiah, S/o.Lakshumaiah, aged about 55 years. 7. Avvaru Padmavathamma died and her L.R.son Vekata subbaiah, aged about 35 years. 8. Avvaru Lakshumaiahgari Ramamurthy, S/o.Vekata subbaiah, aged about 43 years, 9. Avvaru subbarayudu, S/o.Lakshumaiah, aged about 60 years. 10. Avvaru Lakshumaiahgari Subbarayudu, S/o.Venkatasubbaiah, aged about 45 years, 11. Avvaru Sreenivasulu, S/o.Venkataiah, aged about 32 years 12. Avvaru Reddamma, w/o.Venkataiah, aged about 58 years 13. Cheerala Venkata Subbaiah, s/o.Narappa, aged about 54 years 14. Putta Narasimhulu, S/o.Yellaiah, aged about 50 years 15. Gadde Subbamma, W/o.Subbaiah, aged about 62 years 16. Meruva Pallampati Rangaiah, S/o.Krishnaiah, aged about 65 years 17. Meruva Pallampati Venkata Subbaiah, S/o.Rangaiah, aged about 40 years 18. Bhimisetty Subbarayudu, s/o.Nagaiah, aged about 65 years 19. Avvaru subbaiah, S/o.Subbarayudu, aged about 44 years 20. Avvaru Lakshumma, S/o.subbarayudu, aged about 62 years 21. Mamilla Magaiahgari Venkataiah, died his L.R.son Krishnaiah, aged about 44 years 22. Mamilla Mugalahgari Subbanna, S/o.Venkataiah, aged about 44 years 23. Mamilla Mugaiahgari Krishnaiah, S/o.Venkataiah, aged about 46 years 24. Meruva Ramadasu, S/o.Pitchaiah, aged about 55 ears 25. Avvaru Sarswathi, W/o.Venkataiah, aged about 28 years 26. Avvaru Chinna Subbarayudu, S/o.Pedda Subbaiah, aged about 40 years 27. Chinthaginjala Narasimhulu, S/o.Penchaiah, aged about 50 years 28. Aluri Venkateswarulu, S/o.S/o.Venkataiah, aged about 58 years 29. Bhimesetty Subbaiah, died his L.R.son Peddavenkata Subbaiah, aged about 50 years 30. Bhimsetty Chinna Venkata Subbaiah, S/o.Chinna Subbanna, aged about 48 years. 31. Bhimesetty Subbaiah, S/o.Nagaiah, aged about 58 years 32. Bhimisetty Subbamma, died her L.R.Son Subbaiah, aged about 58 years 33. Jonnadula Venkatramaiah, s/o.Raghavaiah, aged about 60 years 34. Bitra Savithramma, W/o.Subbarayudu, aged 45 years 35. Bitra Venkatarathnam, died his L.R Son Venkateswarulu, aged about 38 years 36. Bitra Venkateswarulu, S/o.Venkatarathnam, aged about 38 years 37. Bitra Subbarayudu, S/o.Venkataiah, aged about 34 years 38. Avvaru Venkata Subbamma, W/o.Subbarayudu, aged about 38 years 39. Bhimisetty Pedda Venkatasubbaiah, s/o.Chinna Subbanna, aged about 50 years 40. Avvaru Subbamma, died her L.R.Venkata Subbaiah, 41. Avvaru Ramakrishnaiah, died his L.R. wife Ramasubbamma, aged about 50 years 42. Avvaru Sreenivasulu, S/o.Venkata Subbaiah, aged about 35 years 43. Policharala Gurunadham, S/o.Venkatasubbaiah, aged about 46 years 44. Avvaru Suryanarayana, S/o.Pitchaiah, aged about 44 years 45. Avvaru Laksumma, W/o.Pitchaiah, aged about 60 years 46. Bitra Venkata Das, died his L.R.Daughter Venkata Lakshumma, W/o.Chinnaiah, aged about 39 years 47. Avvaru Subba Rao, s/o.Venkata Subbaiah, aged about 41 years 48. Mamilla Rampallaiahgari China Penchalaiah, S/o.Narasaiah, aged about 44 years 49. M.R.Narasimhulu, S/o.Narsaiah, aged about 48 years 50. Meruva Venkata Narasaiah, died his L.R.wife subbamma, aged about 60 years 51. Pydakula Thirumalaiah, S/o.Thirumalaiah, aged about 50years 52. Gaddam Sreenkvase Ragavaiah, S/o.Subbaiah, aged about 44 years 53. Pydakula Lakshumma, W/o.Thurumalaiah, aged about 48 years 54. Gaddam Chinna subbaiah, S/o.Venkataiah, aged about 80 years 55. Chalamala Venkata Subbamma, 56. Chalamala Narasamma, W/o.Gangireddy, aged about 53 years 57. Ega Subbamma died and her L.R.Chalamala subbamma, W/o.Narasa Reddy, aged about 53 years 58. Chalamala Ramasubbamma, W/o.Jayarami Reddy, aged about 53 years 59. Yalamuri Sambasiva Reddy, S/o.Konda Reddy, aged about 53 years 60. Yalamuri Adilakshumma died and her L.R.Sambasiva reddy, S/o.Konda reddy, aged about 53 years 61. Yalamuri China Sankar Reddy, s/o.Konda Reddy, aged about 43 years 62. Yalamuri Aruna, W/o.Sambasiva Reddy, aged about 43 years 63. Naga Manasamma. @ Bujjamma, w/o.narasimha Reddy, aged about 52 years 64. Yalamuri Lakshmidevi, D/o.Konda Reddy, aged about 35 years 65. Ega Gangamma, w/o.Malleswara Reddy, aged about 44 years 66. Udayagiri Penchalaiah, s/o.Narasaiah, aged about 51 years 67. Naglpogu Ramaiah, s/o.Subbaiah, aged about 50 years 68. Mamilla Ramalakshumma, died her L.R.Seshaiah, S/o.Gandhi, aged about 50 years 69. Chanda Subbamma, W/o.Kesavaiah, aged about 60 years 70. Manduri Sambaiah, S/o.Ramaswami, aged about 48 years 71. Manduri Lakshumma, W/o.Sreeramulu, aged about 60 years 72. Manduri Ramaswami, S/o.Venkatramaiah, aged about 70 years 73. Manduri Venkata Ramaiah, S/o.Lakshmaiah, aged about 58 years 74. Manduri Venkata Subbaiah, S/o.Venkata Ramaiah, aged about 35 years 75. Bhimesetty Venkata Ramaiah, died his L.R.son Sreenivasulu, aged about 35 years 76. Manduri Sreeramulu, S/o.Seetharamaiah, aged about 65 years 77. Mamilla Pathalagari Prabhakar, s/o.Gandhi, aged about 48 years 78. Mamilla Saiahppagari Chenchamma, died her L.R.Meruva Varalakshumma, W/o.Pitchaiah, aged about 31 years 79. Mamilla Saiahppagari chenchamma, died her L.R.Meruva Varalakshumma, W/o.Pitchaiah, aged about 31 years 80. M.M.Venkata subbaiah, S/o.Venkataiah, aged about 65 years 81. Bhimesetty Pedda subbaiah, died his L.R.Narasamma, W/o.Pedda Subbaiah, aged about 68 kyears 82. Bhimesetty Nagabhusanam, S/o.Pedda subbaiah, aged about 48 years 83. Bhemisetty Chinna Venkata subbaiah, died his L.R.son Yallaiah, aged about 20 years 84. Meruva Pitchaiah, S/o.Venkataiah, aged about 55 years 85. Bhemisetty Pedda Venkata Subbaiah, died his L.R.Wife Lakshumma, aged about 48 years 86. Mamilla Ramalakshumma, died her L.R.son M.R.Prasad, aged 54 years 87. Meruva Subbamma, W/o.Subbarayudu, aged about 50 years 88. Avvaru Lakshumma, died her L.R.son Venkatesu, aged about years 89. Avvaru Lakshumma, died her L.R. son Venkatesu, aged about years 90. Munagapati Chennakesavulu, died his L.R.son Chakra pani, aged about 20 years 91. M.C.R.Ramaiah, S/o.Rangaiah, aged about 58 years 92. M.C.R.Venkata Subbaiah, S/o.Rangaiah, aged about 63 years 93. M.C.R.Chinnaiah, S/o.Rangaiah, aged about 48 years 94. M.C.R.Narasamma, died her L.R.Son Chinnaiah, aged about 48 years 95. M.R.Prasad, S/o.Yanadaiah, aged about 54 years 96. M.R.Balakrishnai Rao, S/o.Yanadaiah, aged about 42 years 97. M.R.Radhakrishnaiah, S/.Yanadaiah, aged about 38 years 98. M.R.Thrivedi, S/o.S/o.Yanadaiah, aged about 45 years 99. M.R.Yanadaiah, died his L.R.son M.R.Prasad, aged about 54 years 100. Manduru Papulamma, W/o.Dasaratharamaiah, aged about 55 years 101. Munagapati Chandrayudu, S/o.Chandrayudu, aged about 41 years 102. Manduri Narasaiah, S/o.ramaswami, aged about 41 years 103. Manduru Malleswaraiah, S/o.Narayana, aged about 43 years 104. Manduru Thirupalamma, died her L.R.daughter in Law Anjanamma, W/o.Sreeramulu, aged about 55 years 105. M.R.Chinna Yanadaiah, died his L.R son Rajagopal, aged about 44 years 106. M.R.Rajagopal, s/o.Chinna Yanadaiah, aged about 44 years 107. M.R.Narasimhulu, S/o.china Yanadaiah, aged about 43 years 108. Munagapati Clhinna Krishnaiah, S/o.Chandrayudu, aged about 55 years 109. Mamilla Abbalahgari Venkta Subbaiah, S/o.Venkata Subbaiah, aged about 40 years 110. Bhimisetty Subbarayudu, S/o.Chinna Subbaiah, aged about 40 years 111. Bhimesetty china Subbarayudu, S/o.Chinna Subbanna, aged about 40 years 112. Bitra Yellamma, W/o.Harinath, aged about 35 years 113. Bitra Shanmukha, S/o.Venkataiah, aged about 45 years 114. Bitra Eswaraiah, S/o.Venkataiah, aged about 48 years 115. Manduri Ramaswami, died his L.R.Son M.Sreenivasulu, aged about 26 years 116. Manduri Yanadaiah, died his L.R.son M.Venkateswarulu, aged about 24 years 117. Mamilla Pathaiahgairi Mastanaiah, S/o.Subbaiah, aged about 60 years 118. Managapati Yellamma, died her L.R.son Chinna Krishnaiah, aged about 55 years 119. Bhimisetty Lakshumma, W/o.Pedda Subbanna, aged about 64 years 120. Boga Ramalakshumma, W/o.Narasaiah, aged about 60 years 121. Boga Venkata Swamy, S/o.Pitchaiah, aged about 55 years 122. Thukila Penchaiah, S/o.Narasaih, aged about 48 years 123. Chinthalapuri Penchalama, W/o.Nagaiah, aged about 42 years 124. Jyothi Penchalamma, W/o.Thirupalaiah, aged about 40 years 125. Rachuri Venkataiah, S/o.Penchalaiah, aged about 45 years 126. Koppala Narayana, S/o.Narasaiah, aged about 47 years 127. Koppala Narasaiah, S/o.Narasaiah, aged about 50 years 128. Chintha Atchaiah, S/o.Subbaiah, aged about 56 years 129. Ega Konda Reddy, S/o.Rosi Reddy, aged about 66 years 130. Ega subbamma, W/o.Chenna Reddy, aged about 63 years ..... PETITIONERS AND 1. The Special Deputy Collector (L.A), Somasila Project, Unit.IV, Rjampet. 2. The Special Collector, Telugu Ganga Project, Nellore .....RESPONDENTS 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 order or writ one in the nature of writ of Mandamus declaring the action of the respondents in not passing order on the petitioners applications dated 15-4-1999 U/S 28-A of L.A.Act and not re-determining the amount of compensation payable to the petitioners in terms of the order dated 24-8-1998 in LAOP No. and batch as arbitrary, illegal, unjust and un-constitutional and consequentially direct the respondents to pass orders on the petitioners application dated 15-4-1999 under section 28-A of L.A.Act and re-determine the amount of compensation payable to the petitioners in terms of the order dated 24-8-1998 in LAOP NO.121 of 1988 and batch on the file of the learned Senior Civil Judge , Rajampet, Kadapa District. Counsel for the Petitioner:MR.RAJENDRA BUSSA Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court at the stage of admission made the following : O R D E R : The grievance of the petitioners is that their lands have been acquired by invoking the provisions of the Land Acquisition Act. The draft notification under Section 4 of the Land Acquisition Act, was published in the Official Gazette on 4-11- 1981. Thereafter, an award was passed. Being dissatisfied with the award passed by the Land Acquisition Officer, some of the claimants sought reference under Section 18 of the Land Acquisition Act. The matter was referred to the Civil Court in L.A.O.P.No.121 of 1988 and batch. The learned Senior Civil Judge, Rajampet, Cuddapa District by a common award, dated 24-8-1998, enhanced the of 80% over and above the market value fixed by the Land Acquisition Officer. Against the said L.A.OP.No.121 of 1988 and batch dated 24-8- 1988, the Land Acquisition Officer filed appeals in A.S.No.2714 of 2003 & batch before this Court and the same were also dismissed on 6-12-2004. 2. Be that as it may, the petitioners filed a petition on 15-4-1999 before the Special Deputy Collector seeking re-determination of the compensation as per Section 28-A of the Land Acquisition Act. It is the complaint of the petitioners that the said application dated 15-4-1999 is still pending with the first respondent. 3. In view of the above, without expressing any opinion on merits, the respondents are directed to consider the application purported to have been filed by the petitioners on 15-4-1999 under Section 28-A of the Land Acquisition Act for re-determination of the compensation. If the said application is in order and within the stipulated limitation and other provisions of the Act, the respondents shall pass orders within a period of two weeks from the date of receipt of a copy of this order. 4. With the above directions, this writ petition is disposed of. No order as to costs. _________________ (C.V.RAMULU, J) 19th April, 2005. mrb To 1. The Special Deputy Collector (Land Acquisition), Somasila Project, Unit IV Rajampet, 2. The Special Collector, Telugu Ganga Project, Nellore 3. Two CCs to Govt. Pleader for Land Acquisition, A.P., High Court Buildings, Hyderabad(OUT). 4. Two C.D. copies.