IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23894 of 2004 Between: Smt.T.Bhoodevamma. … Petitioner And The Government of Andhra Pradesh, reptd., by its Secretary, Revenue Department, Secretariat, Hyderabad and another. … Respondents Counsel for the petitioner: Sri Nuthalapati Krishna Murthy. Counsel for respondents: AGP for Land Acquisition. This Court made the following: ORDER: This Writ Petition is ﬁled for a Writ of Mandamus to direct the respondents either to initiate acquisition proceedings under the Land Acquisition Act, 1894 or pay compensation to the owners of the land admeasuring Ac.0.31 cents in CAS No.552/B-II, Bit-I, Nellore. Heard Sri Nuthalapati Krishna Murthy, learned counsel for the petitioner, and the learned Assistant Government Pleader for Land Acquisition. An extent of Ac.0.44 cents belonging to the petitioner was acquired for providing pathway to weaker sections residing on the tank bed and also for an approach road to UIG Guest House. On the ground that Ac.0.31 cents of land, which is contiguous to the said Ac.0.44 cents acquired by the respondents, is also being used by them, the petitioner ﬁled the present Writ Petition for the above mentioned relief. No counter-affidavit has been filed. On 20-8-2008 the learned Assistant Government Pleader for Land Acquisition stated, on instructions, that a detailed survey was undertaken to know the exact extent of land belonging to the petitioner that is being utilized for public purpose. In view of the same, this Court adjourned the case to enable the learned Assistant Government Pleader to produce the survey report. The Collector & District Magistrate, Sri Potti Sreeramulu Nellore District, addressed letter dated 10-9-2008 to the Government Pleader, wherein he referred to the facts of the case. He stated in his letter that the Mandal Surveyor deputed by him measured the land and he furnished the information elicited during the survey. He mentioned that the extent of Ac.0.31 cents is contiguous to Ac.0.44 cents of land, which was acquired by the Government, and the same is not required for any public purpose and, therefore, it was not acquired. At the hearing, Sri Nuthalapati Krishna Murty submitted that by acquiring Ac.0.44 cents and leaving the extent of Ac.0.31 cents in between the wall of DKW college and the acquired land, the respondents rendered the said extent of Ac.0.31 cents useless and, therefore, the petitioner is entitled to be compensated for the loss on this account. In my considered view, the question whether the petitioner sustained any loss for the above mentioned reason or not cannot be decided in a Writ Petition. The learned counsel for the petitioner stated that in respect of Ac.0.44 cents, which was acquired by the respondents, reference under Section 18 was made at the instance of the petitioner and the same was registered as O.P.No.21 of 2005 on the ﬁle of the Senior Civil Judge, Nellore, which is pending. Therefore, it is appropriate for the petitioner to make a claim for compensation on the ground of severance and the reference Court shall decide the issue, if the petitioner raises the same. Subject to the above observations, the Writ Petition is disposed of. --------------------------------- ------ - C.V.NAGARJUNA REDDY, J Date:11-08-2008 MNR