Andhra Pradesh High Court · 2008

18 Chundu Gopala Naidu (died) LR Son C.Narasimhulu Naidu R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 19 Thummala Subbamma (died) L.R. Husband T.Venkataiah S/o.Venkata Subbaiah R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 20 B.Chinna Pullaiah (died) L.R. wife B.Ramulamma R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 21 Ega Lakshumma W/o.Jayaramireddy R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 22 M.Gangamma W/o.Pullaiah R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 23 Kakarla venkata Subbaiah S/o.Subbaiah R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 24 C.Yella Reddy S/o.Lakshmi Reddy R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 25 Chundu Mahalakshumma W/o.Pedda Narasimululu Naidu R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 26 Chundu Pullaiah S/o.Seshaiah R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 27 P.Chandramohana Naidu S/o.Lakshmi Naidu R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 28 Paleti Jayamma W/o.venkata Narasa Reddy R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 29 S.Siddamma W/o.Narasimhulu R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 30 N.Ramaiah S/o.Rosaiah R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 31 T.Sabharatnam S/o.Sriramulu R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 32 T.Sudhakar S/o.Krishna Murthy R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 33 P.Penchalaiah S/o.Musalaiah R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 34 T.Ammannamma W/o.Krishna Murthy R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 35 U.Mallaiah S/o,.Penchalaiah R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 36 S.Amruthamma W/o.Srinivasulu R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 37 T.venkata Narasaiah S/o.Narasimulu R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 38 Kommuru Salamma (died) LR Daughter K.Subhadra W/o. Krishnaiah R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 39 K.Venkata Ramana S/o.Yerikalaiah R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 40 M.Jayanna S/o.Narasimulu R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 41 M.Venkata Subbaiah S/o.Chinnaiah R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 42 K.Rama Krishna Reddy S/o.Venkata Subba REddy R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. 43 C.Venkata subbaiah S/o.Subbaiah R/o. Kothapalli village, Hamlet of Kommuru Mandal, Kadapa District. ..... PETITIONERS AND 1 State of A.P., rep. by its Principal secretary, Irrigation & CAD Department, Secretariat, Hyderabad. 2 The Special Deputy Collector, Galeru Nagari Srujala Shravanti, Kadapa, Kadapa District. 3 The Special Deputy Collector, (L.A.) Somasila Project Unit-I, Badvel, Now Unit-IV, Rajempet, Kadapa District. .....RESPONDENTS 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 declaring the action of the respondent authorities in not passing orders on the applications made by the petitioners dated 12.4.2006 which were received by the respondents on 15.4.2006 for re-determining the compensation in pursuance of the decree in LAOP No.94/99, dated 25.2.2006 as arbitrary, illegal, null and void and against the provisions of Land Acquisition Act and violative of Article 300-A of the Constitution of India and consequently direct the respondent authorities to forthwith re-determine the market value for the structures of the petitioners pursuant to the decree passed in LAOP No.94/99, dated 25.2.2006 and to pass such further order or orders. Counsel for Petitioners: MR.BALAJI MEDAMALLI Counsel for Respondents: Gp For Irrigation & Comm Area Dev. The Court made the following : ORDER: (Per Hon’ble Sri Justice B. Prakash Rao) Heard Sri Balaji Medapalli, learned counsel appearing on behalf of the petitioners as well as the learned Government Pleader for Land Acquisition and at their request, the main writ petition itself is taken up for disposal. The petitioners, who are claiming to be the owners of the lands, which are being acquired for the purpose of construction of Somasila project on Cheyyaru River under the provisions of the Land Acquisition Act, 1894, filed this writ petition seeking a Writ of Mandamus to declare the action of the respondent authorities in not disposing of the applications made by them on 12.04.2006 seeking re-determination of the compensation in pursuance of the decree in LAOP No.94 of 1999 dated 25.02.2006, and which were received by the respondents on

15.04.2006, as arbitrary and illegal. The main grievance of the petitioner is that pursuant to the decree made in LAOP they have filed applications on 12.04.2006 and in spite of the same the respondent authorities have not passed any orders re- determining the market value, and the same is still pending. In the counter affidavit filed on behalf of the respondents there is a reference with regard to L.A.O.P.No.208 of 1999, however, the learned counsel for the petitioner submits that the said LAOP No.208 of 1999 is not connected only L.A.O.P.No.94 of 1999 is connected. The averment of the petitioner that the respondent have deposited the amount as per L.A.O.P.No.94 of 1999 and the same having attained finality, is not controverted. Even otherwise, today the appeal arising out of L.A.O.P.No.208 of 1999 has been dismissed by this Court as per the judgment in A.S.No.559 of 2007 while allowing the cross-objections filed by the claimants therein, enhancing the market rate from Rs.300/- to Rs.700/- per tree. Having regard to the aforesaid situation, there cannot be any impediment in exercising the powers under Section 28(A) of the Land Acquisition Act. Therefore, the Writ Petition is allowed directing the respondents to consider the applications filed by them on 12.04.2006, which were received by the respondents on 15.04.2006, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. No costs. ____________________ (B. PRAKASH RAO, J.) __________________________ (VILAS V. AFZULPURKAR, J.) 17th December, 2008 Js.