The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.24253 of 2010 Date: 03-12-2011 Between: D.Mallesh and 3 others ..... Petitioners AND The District Collector, Adilabad District and 3 others. .....Respondents Counsel for the Petitioners: Sri K.Govind Reddy for Sri K.Venumadhav Counsel for the Respondents: AGP for Land Acquisition The Court made the following : Order: This Writ Petition is ﬁled for a Mandamus to declare the action of the respondents, in not paying compensation to the petitioners in respect of their lands admeasuring Ac.2-00 guntas, Ac.1-01 gunta, Ac.3- 30 guntas and Ac.1-80 guntas in Survey Nos.362/119, 362/101, 362/183 and 362/35 respectively of Chedvai Village, Dahegaon Mandal, Adilabad District, as illegal and arbitrary. I have heard the learned Counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition representing the respondents. The petitioners claim that they are the absolute owners of the above-mentioned lands; that the same were utilized for construction of Uthsamallavagu project of Chedvai Village, Dahegaon Mandal, Adilabad District, in the year 2005 and; that neither the proceedings under the Land Acquisition Act, 1894 (for short ‘the Act’) were initiated nor compensation has been paid in respect thereof. The petitioners ﬁled copies of pattadar pass books and title deeds in support of their plea that they are the owners of the lands in question. No counter-aﬃdavit is ﬁled on behalf of the respondents. However, the learned Assistant Government Pleader for Land Acquisition, representing the respondents, on instructions, submitted that the above-mentioned lands are assigned lands covered by DKT pattas; that the lands of petitioner No.3 are not submerged and; that he has been cultivating the entire extent of Ac.3-30 cents in Survey No.362/183; that petitioner No.2 was assigned Ac.5-00 acres in Survey No.365/101; that out of the same, Ac.2-00 guntas got submerged, for which ex gratia amount of Rs.1 lakh vide Cheque No.178602 was paid to petitioner No.2 in April, 2007; that the extents of Ac.2.00 guntas in Survey No.362/119 and Ac.1-80 guntas in Survey No.362/35 assigned to petitioner Nos.1 and 4 respectively got submerged; that the proposals for payment of ex gratia in respect thereof have been pending and; that they will be ﬁnalized and payment will be made to petitioner Nos.1 and 4 within a period of three months. The above-submissions, of the learned Assistant Government Pleader for Land Acquisition, which are not controverted by the learned Counsel for the petitioners, are placed on record and the Writ Petition is disposed of with the direction to respondent No.5 to make payment of ex gratia in respect of the submerged lands of petitioner Nos.1 and 4 as referred above within a period of three months. As a sequel, WPMP.No.31029 of 2010, ﬁled by the petitioners for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 3rd December, 2011 LUR