THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.9156 of 2011 ORDER: A notification was issued by respondent No.1 under Section 3A of the National Highways Act, 1956 (for short ‘the Act’) proposing to acquire various extents of land including Ac.0.21 guntas out of Ac.1.32 guntas in Survey No.273 of Rajapur Village, Balanagar Mandal, Mahaboobnagar District for the purpose of widening of National Highway No.7. The petitioner participated in the award enquiry. It is also stated that a cheque was prepared for a sum of Rs.1,63,300/- on 20.09.2008. The Tahsildar, Balanagar Mandal, respondent No.3 herein, initiated proceedings against the petitioner under Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. Through order, dated 28.03.2007, he directed resumption of the land in the said survey number from the petitioner. In view of this development, the compensation was not paid to the petitioner. It is stated that an appeal was preferred before respondent No.2 against the order of resumption. The petitioner feels aggrieved by the non-payment of the amount of compensation for the land in question. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. After respondent No.1 initiated proceedings under Section 3A of the Act, respondent No.3 initiated proceedings under Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act 1977. An order of resumption was passed much before the award was passed by the competent authority under the Act. If the petitioner is successful in the appeal then he would be entitled to be paid the compensation. Therefore, no exception can be taken for withholding of the amount to the petitioner. Hence, the writ petition is disposed of directing that it shall be open to the petitioner to pursue the remedy before respondent No.2 in the appeal filed against the order of resumption and in case the title of the petitioner is upheld by setting aside the order of resumption, respondent No.1 shall be under obligation to arrange the payment for the acquired land. Respondent No.2 shall expedite the hearing of the appeal, if any pending before him. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.07.04.2011. kdl