IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 2947 of 2007 Between: K. Rayapa Raju, S/o. Sarraju, Polamuru Village, R/o. Penumantra Mandal, West Godavari District. ..... PETITIONER AND 1 The District Collector, West Godavari District, Eluru. 2 The Executive Engineer, C.E.R.P. Division, Tanuku, West Godavari District. .....RESPONDENT(S) Counsel for the Petitioner: MR.P.GOVIND REDDY Counsel for the Respondents: AGP FOR LAND ACQUISITION The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 2947 of 2007 ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in not paying compensation to the petitioner for an extent of Ac.1.00 in R.S.No.262 of Mamuduru Village, Penumantra Mandal, West Godavari District, as illegal and arbitrary. Heard Sri P. Govind Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition. A perusal of the record shows that the abovementioned land along with 27 coconut and 10 palmyrah yielding trees apart from other trees standing on the said land was utilized for construction of a drain and as no compensation was paid, the petitioner filed WP.No.8178 of 1995. This Court disposed of the said writ petition with a direction to respondent No.1 to consider the recommendations made by respondent No.2 and representation dated 10.05.1992 of the petitioner for payment of compensation within a period of three months. Though more than three years passed by since then, the respondents have not taken any action and this impelled the petitioner to file the present writ petition. In the counter-affidavit filed by respondent No.1, a stand was taken that representation dated 10.05.1992 of the petitioner was not received by him and that the Revenue Divisional Officer, Kovvur (Land Acquisition Officer concerned) did not receive any requisition from the requisitioning department, namely, the Executive Engineer, CERP Division, Tanuku, respondent No.2 and that for the said reason acquisition process could not be initiated and completed and compensation paid. No counter-affidavit has been filed by respondent No.2. The fact that the petitioner’s land is utilized along with certain lands standing thereon is not specifically denied by the respondents so far either in the previous writ petition or in the present one. As noted supra, respondent No.1 without denying the said fact merely tried to throw the blame on respondent No.2. A perusal of the copy of the purported letter dated 16.04.1993 addressed by respondent No.2 to respondent No.1 shows that the fact that the petitioner’s property was acquired is admitted by respondent No.2 and he requested respondent No.1 to initiate action for initiating proposals for publication of draft notification and declaration under the provisions of the Act for payment of compensation. In the counter-affidavit filed by respondent No.1 there is no reference to this letter. He did not deny the authenticity of the same. It is therefore reasonable to presume that respondent No.2 indeed addressed such a letter to respondent No.1, but the latter has not taken any action thereon. The action of the respondents in denying the petitioner his property without following due process of law for more than one and half decades deserves to be deprecated. In the above circumstances, the writ petition is allowed. Respondents are directed to initiate land acquisition proceedings within a period of four weeks from the date of receipt of a copy of this order, complete the same and pay compensation to the petitioner within a period of three months thereafter. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.3774 of 2007 filed by the petitioner for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J Date: 25.02.2008 Note:- Issue CC in one week. B/o. ES To 1.2CCs 2.2CD copies