IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.5133 of 2010 Between: Madivi Venkappa and others ... PETITIONERS a n d The District Collector,Khammam district, Khammam and others … RESPONDENTS ORDER: This writ petition has been filed seeking mandamus declaring the action of the respondents in acquiring the lands of the petitioners admeasuring an extent of Ac.5-36 gts., in Sy.No.631/66, Ac.1-14 gts., in Sy.No.631/65 and Ac.4-00 gts., in Sy.No.631 situated at Tirumalakunta village, Aswaraopet mandal, Khammam district without paying compensation to them as illegal, arbitrary and violative of principles of natural justice. 2. The petitioners claimed that an extent of Ac.5-36 gts, in Sy.No.631/66 of Tirumalakunta village, Aswaraopet mandal, Khammam district has been assigned to their father in the year 1990. In partition of the family properties, the assigned land fell to the share of the third petitioner. The first petitioner is owner, pattedar and possessor of dry land in Sy.No.631/65 admeasuring Ac.1-14 gts., in Tirumalakunta village, Aswaraopet mandal, Khammam district and he raised cashew nut garden in the said land. The second petitioner is owner and possessor of Ac.4-00 gts., in Sy.No.631 and dry crops are being raised in the land. 3. While so, the Government commenced Indira Sagar Project on Godavari river at Rudramkota village. For construction of reservoir, certain lands are being acquired by the Government. It is the grievance of the petitioners that they are being dispossessed from their lands without following the due process of law. 4. Notice before admission came to be ordered on 05-03-2010. 5. While ordering notice before admission, stay of dispossession of petitioners from the lands in their occupation has been granted. The respondents entered appearance and filed counter-affidavit. They also moved W.V.M.P.No.3232 of 2010 with a prayer to vacate the interim order dated 05-03-2010 passed in writ petition. The respondents stated in the writ petition that the lands in occupation of the petitioners are assigned lands and compensation is being paid to the petitioners. Paragraph No.5 of the counter-affidavit needs to be noted and it is thus: “In answer to the averments made in paragraph 5 of the petitioner’s affidavit, it is submitted that it is not correct to say that the Government did not issue any notice or notification for construction of reservoir and wish to acquire the land in Sy.No.631 coming under the proposed tank is Government land covered by assignment patta, the notification under Section 4 (1) or 6 of the Land Acquisition Act cannot be issued. Further, the names of the petitioners are not found in the enjoyment survey list and therefore, notices could not be served to them to attend the enquiry in the village. On the other hand, the petition of the petitioners was favourably considered by stopping payment of compensation to other parties and referred the matter to the Tahsildar, Aswaraopet for enquiry. Further, as the Tahsildar, Aswaraopet confirmed that the petitioners are in actual possession of the disputed land the payment of compensation will be paid to them only.” 6. When the vacate stay petition is came up for consideration, with the consent of the learned counsel appearing for the parties, the writ petition is taken up for final disposal. 7. Heard learned counsel appearing for the parties. 8. The main grievance of the petitioners is that they are being dispossessed from their lands without paying any compensation. 9. The respondents stated in the counter-affidavit that the compensation is being paid to the petitioners. In which case, the grievance of the petitioners has been redressed by the respondents by making statement in the counter-affidavit that the compensation will be paid to them. 10. In that view of the matter, nothing survives in this writ petition for adjudication. 11. Accordingly, this writ petition is disposed of directing the respondents to pay the compensation. There shall be no order as to costs. ___________________________ B. SESHASAYANA REDDY, J August 30, 2010. PN THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.5133 of 2010 August 30, 2010