IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 14571of 2009 Between: Krishnaiah and 21 others and another ..... PETITIONERs AND 1 The Govt.of A.P. rep.by its Secretary (ICAD) Project Wing Department, Hyderabad and two others .....RESPONDENT(S) THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.No.14571 of 2009 O R D E R: This writ petition is filed seeking to issue a Writ of Mandamus, declaring the action of respondents in not paying exgratia amount in respect of the wells of the petitioners acquired under the Provisions of the Land Acquisition Act as arbitrary, illegal and violative of principles of natural justice and further direct the respondents to pay exgratia amount to the wells of petitioners herein as was done in the case of persons, whose lands and wells were submerged under Priyadarshini Jurala Project and pass such other orders. 2. The case of the petitioners is that the requisition was made by the Executive Engineer, Priyadharshini Jurala Project in respect of lands for an extent of Ac.140.32 gts of Weepanagandla village for submergence under Gopaladinne Balancing Reservoir of Priyadharshini Jurala project. The 2nd respondent has approved the draft notification and draft declaration under Sections 4(1) and 6 of the Land Acquisition Act and published in the Gazettee on 11.11.1999 and 4.12.1999 respectively. The 3rd respondent passed the award No.7/2001 dated 1.2.2001 fixing the market value of the lands acquired. The petitioners are the owners of various extents of land along with wells situated in several survey numbers of Weepanagandla village. The structures, pipelines & wells existing on the land acquired were not taken into consideration by the 3rd respondent while fixing the value and consequently no compensation was paid in respect of the same. The lands of petitioners belong to Erladinne and Mustipalli were also acquired for submergence under Priyadarshini Jurala project. The owners of the land acquired of above villages approached the 1st respondent for payment of exgratia for agricultural wells. The 1st respondent issued GO Rt.No.332 Irrigation & Command Area Development (Projects Wing TGP III) Department dated 20.5.1996 granting exgratia for agricultural wells. The 1st respondent confined the order only to Erladinne village. Basing on the said G.O., the owners of the wells of Mustipally, Chintareddypally submerged under Priyadarshini Jurala project approached this Court and filed a W.P.No.8938 of 2008 and this Court while disposing of the Writ Petition directed the respondents to pay exgratia sanctioned under G.O.Rt.No.332 to the petitioners therein. The land belongs to the petitioners herein as well as the wells were acquired for the Priyadarshini Jurala Project. Therefore, the petitioners made a representation dated 2.4.2009 to the respondents to pay exgratia to the wells submerged under PJ Project as paid to the villagers of Erladinne, Mustipalli and Chintareddypally. Since the petitioners were not paid the exgratia in respect of the wells submerged along with the lands of the petitioners. Therefore, the present writ petition. 3. Heard the learned counsel for the petitioners and the learned Government Pleader for respondents. 4. The learned counsel for the petitioners submits that this writ petition is squarely covered by the orders of this Court in W.P.No.8938 of 2008 dated 2.5.2008. The petitioner therein sought for issuance of writ of Mandamus declaring the action of the respondents in not completing the acquisition proceedings as per the notification issued under Section 4(1) of the Land Acquisition Act, 1894, (for short ‘the Act’) and the draft declaration issued under Section 6 of the Act, published in the A.P.Gazettee dated 9.6.1997 and 5.4.1997, whereunder the lands and the wells of the petitioners were notified for acquisition, as arbitrary and illegal, and for a consequential direction to the respondents to complete the acquisition proceedings by following the ‘Mattu system’ for valuation of the wells and pay compensation to the petitioners forthwith. The said writ petition was disposed of, as if it is covered by the order passed in W.P.No.25026 of 1997 dated 11.7.2006 and consequently directed the 3rd respondent therein to pay the exgratia sanctioned under G.O.Ms.No.332, I & CAD (PW) Department dated 20.5.1996 to the petitioners for applying ‘Mattu’ system, by passing a supplementary award, if necessary, within a period of two months from the date of receipt of a copy of this order. 5. The Government has not filed any counter. The learned Government Pleader submits in that W.P.No.8938 of 2008, this Court granted a positive direction. But in the present case, there is no material available with him. Having regard to the material in the writ petition, the cause under this writ petition also covered by the order passed by this Court. Therefore, he submitted that the writ petition can be disposed of directing the respondents to consider the case of the petitioner for payment of exgratia in terms of G.O.Ms.No.332, I & CAD (PW) Department dated 20.5.1996 if the petitioners comes within the parameters of the G.O. and the said G.O. governs the case of the petitioners. 6. Recording the submissions of the learned counsel for the petitioners and the learned counsel for the respondents, without going into the merits of the case, the writ petition is disposed of directing the respondents to consider the case of the petitioners for payment of exgratia in terms of G.O.Ms.No.332, I & CAD (PW) Department, dated 20.5.1996, if the said G.O. governs the case of the petitioners within a period of two months from the date of receipt of a copy of this order. No costs. ________________ G.CHANDRAIAH,J 9th October, 2009 PNV