IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3045 of 2008 Between: Valluru Jayamma, W/o. late V. Rajaiah, R/o. C/o. Y. Panduranganadham, H.No. 2-227, Opp: Balijavari Mahalaksmma Temple, Nawabpet, Nellore - 523 004. ..... PETITIONER AND 1 The Collector, Nellore District, Nellore. 2 The Revenue Divsiional Officer, Gudur Mandal, Nellore District. 3 The Tahsildar, Chillakur Mandal, Nellore 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 to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in unilatrally treating the residents of the Chintavaram Village, Gudur Mandal, Nellore District, as locals and non locals by publishing list and reducing the extents held by them, more specifically in respect of the Petitioner from Ac. 5- 00 guntas to Ac. 2-05 and thereafter while publishing the final list t Ac. 1-91 cents, as arbitrary, illegal and violative of Principles of natural justice since the same has been done by without any notice to the Petitioner though she has inherited the property from her husband who was originally assigned in the year 1970 from which date the Petitioner is in possession and cultivation of the said lands and also declare the same as violative of Article 14, 21 and 300-A of the Constitution of India as similarly situated individuals have been compensated to the extent of land reduced in respect of their holdings and the same has not been followed in respect of the Petitioner herein. Counsel for the Petitioner:MR.HARENDER PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3045 of 2008 ORDER: It is the case of the petitioner that her husband was assigned the land admeasuring Ac.5-00 cents in Sy.No.393/3 situated at Chintavaram Village, Gudur Mandal, Nellore District, vide D-Form Patta in the year 1970 and he died in the year 1977 and subsequently, the petitioner is in continuous possession and enjoyment of the said land. While so, the said land is sought to be taken away for the purpose of Special Economic Zone and accordingly, the land of the petitioner was reduced from Ac.5-00 gts. to Ac.2-05 cents and thereafter again it was reduced to Ac.1-91 cents on the ground that the petitioner is not the resident of the said village. Aggrieved by the said action, the petitioner made a representation before the 3rd respondent on 05- 11-2007. But, so far, the said representation has not been considered and disposed of. I am not inclined to express any opinion as there is no such order passed by the respondents so far. However, if the petitioner is in possession of 5 Acres of assigned land and if the said land is required to be resumed for the purpose of Special Economic Zone, I am of the opinion that the petitioner is entitled for compensation as per the provisions of the Land Acquisition Act, 1894, including solatium, additional compensation and interest. But, however, I am not inclined to express any opinion as to whether the respondents decided to reduce the extent of the land. However, as the representation of the petitioner, dated 05-11-2007, is pending before the 3rd respondent, I am of the opinion that it is just and proper to direct the 3rd respondent to consider and dispose of the said representation. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation of the petitioner, dated 05-11-2007, if any received and pending, in accordance with law. Till such representation is considered and disposed of, no coercive steps shall be taken to dispossess the petitioner from the land in question. There shall be no order as to costs. ___________ 21-02-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}