HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.10563 of 2011 Date : 14-12-2011 Between: Mondem Seenaiah s/o. Peda Kotaiah .. Petitioner And The Land Acquisition Officer-cum- Revenue Divisional Officer, Nellore, SPSR Nellore District and another .. Respondents Counsel for petitioner : Sri C. Subodh Counsel for respondents : Government Pleader 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 petitioner in respect of house plot No.39, admeasuring Ac.0-04 cents, situated in layout No.430, Krishnapatnam village, Muthukuru Mandal, SPSR Nellore District, as illegal and arbitrary. The petitioner was assigned the above mentioned extent of land towards house site, which fact is admitted by the respondents. However, subsequent to assignment of the plot, the petitioner was appointed as Jail Warden on 25- 11-1993. The petitioner pleaded that even though his plot was acquired along with other plots for construction of Krishnapatnam Port, he was not paid compensation while all other similarly situated plot owners were paid the same at the rate of Rs.1,00,000/- each, between 2007 and 2009. Assailing this action of the respondents, the petitioner filed the present Writ Petition. In the counter-affidavit filed by respondent No.2, the fact of assignment of the plot in favour of the petitioner is admitted. It is averred that the Joint Collector, Nellore has held a meeting on 12-8-2008 in which the pending representations were considered; that it was decided in the said meeting that no compensation need be paid to the petitioner and his wife as they are Government employees and that they do not come under BPL categorty. It is not the case of the respondents that the assignment granted in favour of the petitioner is cancelled. It is the policy of the State to grant ex gratia to all the assignees wherever the assigned lands are utilized for public purposes. The mere fact that the petitioner and his wife have become Government employees after the assignment would not render them ineligible for payment of such ex gratia as no artificial classification can be made between the assignees who remained unemployed and those who became employees after such assignment. In this view of the matter, I find no justification whatsoever for the respondents to deny ex gratia of Rs.1,00,000/- to the petitioner. The respondents are therefore directed to pay the said sum to the petitioner within a period of two months from the date of receipt of a copy of this order. The Writ Petition is accordingly allowed. As a sequel, WPMP No.12994/2011 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 14-12-2011 AM