IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 9772 of 2001 Between: Medisetti Lalitha W/o. Venkateswara Rao R/o. Baroda , Rep. by her G.P.A.Holder, Sri Guduri Anjaneyulu, S/o.Nagabhushanam, 68 years, Advocate, R/o. Bhimavaram, West Godavari District. ..... PETITIONER AND Land Acquisition Officer, (Sub-Collector), Narsapuram, West Godavari District. .....RESPONDENT 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 to issue a Writ of Mandamus. or any other appropriate writ, order or direction, declaring the action of the respondent in not referring the matter in respect of the award No. 3/94- 95 dt. 30.9.94 in Roc.No.B/2587/93 in respect of the land in R.s.No.261/1 measuring 0.05-3/4 cents of Gunupudi (V), Bhimavaram Mandal, W.G.District as illegal, null and void and violative of provisions of the Act and for a consequential order directing the respondent to refer the matter to Senior Civil Judge's Court, Bhimavaram and pass Counsel for the Petitioner: MR.CH.DHANAMJAYA Counsel for the Respondent: GP FOR LAND ACQUISITION The Court made the following order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9772 of 2001 ORDER: Respondent acquired about Acs.31.12 land situated at Gunupudi Village, Bhimavaram Mandal, West Godavari District, for Andhra Pradesh Housing Board for construction of houses. Land admeasuring Ac.0.05¾ originally belong to one T. Indraiah, from whom petitioner purchased the same on 25.06.1982 under a registered sale deed. Award No.3/94-95 dated 30.09.1994 was passed by respondent. Notice of award under Section 12(2) of the Land Acquisition Act, 1894 (LA Act, for brevity) was sent to petitioner. Petitioner statedly made an application under Section 18 of LA Act on 22.10.1994 requesting for reference to civil Court. She waited for seven years and filed instant writ petition as no orders were passed. Respondent has not filed counter-affidavit. Learned Assistant Government Pleader has produced before this Court a copy of award No.3/94-95 dated 30.09.1994 dealing with claim of petitioner. Land Acquisition Officer observed that original owner gave consent for acquisition, that possession was taken on 12.05.1982 prior to purchase by petitioner and that all landholders gave consent under Andhra Pradesh Land Acquisition (Negotiations Committee) Rules, 1992. He also observed that petitioner did not give affidavit in form IV in support of her claim nor enclosed sale deed under which she purchased land. Learned Assistant Government Pleader does not dispute or seriously deny that application of petitioner is still pending. Therefore, this writ petition is disposed of directing respondent to consider application of petitioner dated 22.10.1994 and to pass appropriate orders under communication to petitioner within a period of six weeks from the date of receipt of a copy of this order. No costs. _____________ (V.V.S.RAO, J) 27th February, 2008 GHN To 1. Land Acquisition Officer, (Sub-Collector), Narsapuram, West Godavari District. 2. 2CCs to GP for Land Acquisition 3. 2CD copies Form-NIC-OGS/WP{MADHURI}