IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 6046 of 2008 Between: Chintala Padmavathi @ Padmavathamma W/o.Molakaiah R/o.Krishnapatnam village Muttukur Mandal Nellore District ..... PETITIONER AND 1 The District Collector (Land Acquisition ) Nellore Nellore District 2 The Revenue Divisonal officer cum Land Acquisition officer Nellore, Nellore District 3 The Tahasildar, Muthukoor Mandal Nellore District 4 Duvuru Madhusudana Reddy S/o.Veeraraghava Reddy Muthukur village and Mandal Nellore District .....RESPONDENT(S) 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 issue a writ order or direction more particularly one in the nature of writ of mandamus declare the action of the 2nd respondent withholding entire amount of compensation payable to the petitioner on acquiring of the lands in Sy.No.47 for an extent of Ac.2.54 cents situated at Krishnapatnam village,Muttukur Mandal, Nellore District under Land Acquisition Act amounts to erroneous arbitrary, and violative Art.14 21 and 300(A) of the Constitution of India and consequently direct the 2nd respondents to release the compensation amount forthwith in favour of the petitioner in the interest of justice Counsel for the Petitioner: MR.T.C.KRISHNAN Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : W.P.NO. 6046 OF 2008 ORDER: According to the petitioner, an extent of Ac.2-54 cents of land in S.No. 47 situated at Krishnapatnam village, Muttukur Mandal, Nellore district belonging to the petitioner was acquired for the purpose of erecting Terminal Station. After following the procedure contemplated under the provisions of the Land Acquisition Act, an award was passed on 12.2.2008 fixing the total amount of compensation at Rs.19,55,800/-. A cheque was prepared, but the same was not paid to the petitioner, as there is an order of attachment passed by the Senior Civil Judge, Nellore in I.A.No. 1308 of 2007 in O.S.No. 688 of 2007 on 23.11.2007. Hence the petitioner approached this court and filed the present writ petition with the following prayer, “in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent withholding entire amount of compensation payable to the petitioner on acquiring of the lands in Sy.No.47 for an extent of Ac.2.54 cents situated at Krishnapatnam village, Muttukur Mandal, Nellore District under Land Acquisition Act amounts to erroneous arbitrary, and violative Art.14, 21 and 300(A) of the Constitution of India and consequently direct the 2nd respondent to release the compensation amount forthwith in favour of the petitioner in the interest of justice”. Heard learned counsel for the petitioner as well as the learned Government Pleader for Land Acquisition. Though the 4th respondent is served with notice, neither himself nor his advocate has chosen to appear. Apparently the 4th respondent filed the suit against the son of the petitioner for recovery of Rs.1,60,000/- and the suit value is only Rs.2,80,153/-. Even if it is presumed that the suit filed by the 4th respondent is decreed, the total suit amount would be Rs.3,00,000/-, for which the entire amount of compensation need not be attached. As stated supra, the amount of compensation awarded is Rs.19,55,800/- and if an amount of Rs.3,00,000/- is withheld for the purpose of satisfying the attachment order passed by the civil court in I.A.No. 1308 of 2007 in O.S.No. 688 of 2007, the ends of justice would be met. Accordingly the writ petition is disposed of directing the respondents 1 and 2 to retain amount of Rs.3,00,000/- (Rupees Three Lakhs only) to satisfy the attachment order dt. 23.11.2007 passed by the civil court in I.A.No. 1308 of 2007 in O.S.No. 688 of 2007 and pay the balance of compensation amount to the petitioner forthwith. No order as to costs. ____________________________ GOPALA KRISHNA TAMADA, J Dt.9.4.2008 NB: CC of order be furnished within three days. /BO/ KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector (Land Acquisition ) Nellore Nellore District 2 The Revenue Divisonal officer cum Land Acquisition officer Nellore, Nellore District 3 The Tahasildar, Muthukoor Mandal Nellore District 4. 2 CCs to GP for Land Acquisition, 5.2 CD copies Form-NIC-OGS/WP{TRK}