IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14636 of 2008 Between: 1.C. Gopal, S/o. Ramaiah, R/o. Materimitta Village, Varadaiahpalem Mandal, Chittoor District. 2.C. Pitchamma, W/o. Ramaiah, R/o. Materimitta Village, Varadaiahpalem Mandal, Chittoor District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. byits Principal Secretary Revenue Department (Land Acquisition), Secretariat Buildings, Hyderabad. 2 The Special Deputy Collector, Tirupathi, Chittoor District. 3 The Revenue Divisional Officer/Cum land Acquisition Officer, Tirupathi, Chittoor District. 4 The Mandal Revenue Officer, Varadaiahpalem, Varadaiahpalem 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 will be pleased to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying ex-gratia to the petitioners over the lands admeasuring an extent of Ac. 1.00 cents in S.No.s 3-ID-2, Ac. 0.50 cents in S.No. 3-1E-1, Ac. 1.50 cents in S.No. 3-1E-2 of Siddamagraharam Revenue Village, Varadaiahpalem mandal, Chittor District as illegal, arbitrary and violative of Article 14 and 300-A of the Constitution of India and consequently direct the respondents not to pay the ex-gratia to third parties over the lands of the Petitioners admeasuring extent of Ac. 1.00 cents in S.No. 3-1D-2, Ac. 0.50 cents in S.No. 3-1E-1, Ac. 1.50 cents in S.No. 3-1E-2 of Siddamagraharam Revenue Village, Varadaiahpalem Mandal, Chittoor District. Counsel for the Petitioners: MR.V.VINOD.K.REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14636 of 2008 ORDER: This writ petition is filed seeking a declaration that the action of the respondents in not paying ex-gratia to the petitioners in respect of the lands admeasuring Acs.1.00 cents in Survey No.3-1D-2, Ac.0.50 cents in Survey No.3- 1E-1 and Acs.1.50 cents in Survey No.3-1E-2 of Siddamagraharam Revenue village, Varadaiahpalem Mandal, Chittoor District, is arbitrary and illegal. It is claimed by the petitioners that they are landless poor and that the Government assigned the lands in question in their favour vide proceedings, dated 15.04.1997. Pursuant thereto, the DKT pattas were also granted in their favour and from the said date, they have been in possession and enjoyment of the lands in question. While so, the first respondent-Government of Andhra Pradesh, declared that the entire village, in which the lands belonging to the petitioners is situated, is Special Economic Zone (SEZ) for establishment of Industrial Park and sought to acquire the said land. Though an enquiry was conducted on 31.03.2008 and the petitioners were granted Enjoyment Certificate, it is alleged that the respondents refused to pay ex-gratia to which the petitioners are entitled to, without there being any justifiable reason. It is also alleged that as a matter of fact, ex-gratia was paid to some other similarly situated persons. Hence, this writ petition. When the matter is taken up for consideration, it is brought to my notice by the learned counsel for the petitioners that in identical circumstances, W.P.No.4805 of 2008 filed by some other assignees whose land was sought to be acquired for the very same purpose, was disposed of by this Court on 20.04.2008, with a direction to the respondents to pay ex-gratia to the petitioners therein as provided under G.O.Ms.No.1307, dated 23.12.1993. The fact that the petitioners are also similarly situated is not disputed by the learned Government Pleader for Land Acquisition appearing for the respondents. In the circumstances, following the order in W.P.No.4805 of 2008, this writ petition is disposed of leaving it open to the respondents to take further steps for acquisition of the lands in question after payment of ex- gratia to the petitioners herein as provided under G.O.Ms.No.1307, dated 23.12.1993, in case it is found that the DKT pattas granted in favour of the petitioners are subsisting as on today. No costs. _______________ 11.07.2008 Note: Issue CC by 14.07.2008. (b/o) VGB