IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8938 of 2008 Between: 1 Hanmanthu, S/o. Hanmanthu, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 2 Linganna, s/o. Khasimanna, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 3 Nalla Reddy, S/o. Pedda Laxmanna, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 4 Laxma Reddy, s/o. Sawaranna, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 5 Laxma Reddy, S/o. Sawaranna, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 6 Chinna Hanmanthu, S/o. Thippanna, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 7 Balappa, S/o. Balaiah, R/o. at Mustipally, P.J.P., R.R. Centre, Mahabubnagar District. 8 P. Sudershan Reddy, S/o. Venkata Reddy, R/o. at Mustipally, P.J.P., R.R. Centre, Mahabubnagar District. 9 Ramulu, s/o. Linga Reddy, R/o. at Mustipally, P.J.P., R.R. Centre, Mahabubnagar District. 10 Ramulu Goud, S/o. Narsimulu Goud, R/o. at Mustipally, P.J.P., R.R. Centre, Mahabubnagar District. 11 Venkatesh, s/o. Rajappa, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 12 Pedda Chinnappa, S/o. Rayanna, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 13 Madhava Reddy, S/o. Sawaranna, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 14 Laxma Reddy, s/o. Hanumanthu, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 15 Venkat Reddy, S/o. Sai Reddy, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 16 Laxma Reddy, S/o. Narasimulu, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 17 Ashanna, S/o. Ayyappa, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 18 Hanumanthu, S/o. Rayappa, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 19 Karre Srinivasulu, s/o. Thirupathi Reddy, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 20 Laxma Reddy, S/o. Krishna Reddy, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. 21 Venkatanna, S/o. Hanumanthu, R/o. at Chintareddypalli, Narva Mandal, P.J.P., R.R. Centre, Mahabubnagar District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep by its Secretary, Revenue (LA) Department, Secretariat Buildings, Hyderabad. 2 The Special Collector (LA), Priyadarshini Jurala Project, Kurnool. 3 The Special Deputy Collector (LA), Priyadarshini Jurala Project, Gadwal. 4 The Superintendent Engineer (Irrigation), Priyadarshini Jurala Project, Gadwal. 5 The Executive Engineer (Irrigation), Priyadarshini Jurala Project, Gadwal. .....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 appropriate writ order or direction more particularly in the nature 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 and Declaration under Section 6 of the land Acquisition Act dated 09-06-1997 whereunder the wells as well as the land covered by the wells of the petitioners 1 to 17 were notified and similarly the wells and the land covered by the wells belonging to the petitioners 18 and 21 were also notified by notification dated 05-04-1997 as illegal, arbitrary and violative of Articles 14,21, and 300A of the Constitution of India and consequently direct the respondents to complete the process of acquisition proceedings by following the Mattu system for valuation of the well and pay the compensation to the petitioners forthwith and pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioners : Sri M.SUBRAHMANYAM Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8938 of 2008 ORDER: This writ petition is filed seeking a 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 Andhra Pradesh Gazette on 09.06.1997 and 05.04.1997, 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. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. When this matter is taken up for hearing, learned counsel for the petitioners submitted that this matter is squarely covered by the judgment of this Court in W.P.No.25026 of 1997, dated 11.07.2006, and the learned Assistant Government Pleader also, on instructions, conceded the same. In the light of the said consensus, this writ petition is disposed of, at the stage of admission, directing the 3rd respondent to pay ex gratia sanctioned under G.O.Rt.No.332, I & CAD (PW) Department, dated 20.05.1996 to the petitioners, by 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. There shall be no order as to costs. __________________________ (GOPALA KRISHNA TAMADA, J) 2nd May 2008 sh To 1 The Secretary, Revenue (LA) Department, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 2 The Special Collector (LA), Priyadarshini Jurala Project, Kurnool. 3 The Special Deputy Collector (LA), Priyadarshini Jurala Project, Gadwal. 4 The Superintendent Engineer (Irrigation), Priyadarshini Jurala Project, Gadwal. 5 The Executive Engineer (Irrigation), Priyadarshini Jurala Project, Gadwal. 6 2CCs to G.P for Land Acquisition, High Court of A.P., Hyderabad. 7 2CD copies.