IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 25235 of 1999 Between: 1 K.Madhusudhana Rao, S/o Pitchaiah, Dabba Village, Sirpur Mandal, Adilabad Dist. 2 K.Raha Ram Mohan Rao, S/o Pitchaiah, Dabba Village, Sirpur Mandal, Adilabad Dist. 3 K.Viswanadha Rao, S/o Subba Rao, Dabba Village, Sirpur Mandal, Adilabad Dist. 4 K.Pitchaiah Chowdary S/o Raja Ram Mohan Rao, Dabba Village, Sirpur Mandal, Adilabad Dist. ..... PETITIONER(S) AND 1 The Govt., of A.P. rep. by its Secretary, G.A.D.(S.C.A) Department Govt. of A.P. Secretariat Bld, Hyderabad. 2 The Mandal Collector & Magistrate, Adilabad, Adilabad dist. 3 The Mandal Revenue Officer, Sirupur Mandal, Adilabad 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 to issue a Writ ofMandamus, or any other appropriate Writ order or direction declaring the proceedings of the 2nd respondent in Rc.No.D3/2174/98 dt. 30-8-1998 in directing the 3rd respondent to disburse the exgratia amount to the petitioners who are the sufferrers in the extremists violance dt 27-12-1997 in Dabba Village, Sirpur Mandal, Adilabad District as illegal Arbitrar, very meagre and contrary to the guidemines issued by the 1st respondent from time to time and consequently direct the respondents to pay exgratia to the petitioners as per recommendattion made by the 3rd respondent and pass such other order or orders as deems fit and proper. Counsel for the Petitioner:MR.G.VENKAATARAMULU Counsel for the Respondent No.: GP FOR GENERAL ADMINISTRATION The Court made the following : ORDER: The petitioners are aggrieved by the 2nd respondent’s proceedings dt. 30.8.1998 whereby only specified amounts have been paid to the petitioners and two others, as ex-gratia. The petitioners assert to be the residents of Dabba village, Sirpur mandal, Adilabad District. On 27.12.1997, 25 unknown persons entered into the village at about 9 p.m. and they with the help of inflammable liquids burnt the houses of the petitioners along with other houses. On 28.12.1997, the 3rd respondent came to the village and conducted a panchanama and estimated the loss caused on account of such extremist violence and recommended for grant of ex- gratia to the victims. The Mandal Revenue Officer, Sirpur is said to have assessed the loss incurred by the petitioners at higher amounts (as set out in para 2 of the writ petition). However, the 2nd respondent by the impugned proceedings dt. 30.8.1998 granted only a meager amount to each of the petitioners, is the complaint. The petitioners seek a direction to the respondents 1 and 2 to pay ex- gratia as per the recommendations of the 3rd respondent. The 2nd respondent/District Collector filed a counter affidavit in 2002 wherein it is stated that in accordance with the policy set out in G.O.Ms.No. 70 and G.O.Ms.No. 429 G.A. (SC.A) Department dt. 26.2.1996, a Committee consisting of the Sub-Collector, Asifabad as Chariman, the Executive Engineer (R&B) Mancherial and the Sub- Divisional Police Officer, Kagaznagar as members was constituted to determine the quantum of ex-gratia payable to the victims. The report furnished by the 3rd respondent is merely a preliminary report and the information derived from the preliminary report was processed by the committee constituted and ex-gratia as assessed by the committee was paid to the petitioners, in accordance with the recommendations of the committee. In substance, it is the case of 2nd respondent that ex-gratia was paid in accordance with the principles set out in the Government Orders referred to above and the petitioners have no legal rights to a higher claim. There is no affidavit filed by the petitioners in rebuttal to the assertions in the counter affidavit. In the circumstances of the case and in the light of the pleadings, no case is made out by the petitioners either for a declaration that the ex-gratia paid to them for the loss sustained is disproportionate, meager or irrational. There are no merits in the writ petition. The writ petition is accordingly dismissed. No order as to costs. ______________ 9th April, 2009. Krb. THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 25235 of 1999 Dated: 9th April, 2009.