1. In terms of the amended prayer, this writ petition is filed seeking mandamus declaring the notification issued under Section 4(1) of then Land Acquisition Act, 1894 vide G.O.Rt.No.284 Irrigation and Power (Projects Wing) dated 06.03.1979 and the subsequent proceedings Rc.No.C/36/79 dated 10.08.2009, including the award proceedings No.B2/1886/09 dated 25.03.2011, issued by the respondents, as illegal, arbitrary and in violation of Article 300-A of the Constitution of India.

2. It is the case of the petitioner that he is the owner and possessor of land admeasuring Ac.1.24 guntas in Sy.No.597 and Ac.0.36 guntas in Sy.No.598, situated at Hanamkonda Revenue Village, Hanamkonda Mandal, Warangal District within the limits of Warangal Municipal Corporation. The said lands are classified as agricultural lands and as the same are within Warangal urban agglomeration, he, along with his brothers, has filed declarations including the aforesaid lands, under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the ULC Act’).

3. In the year 1979, respondents have notified the aforesaid lands under the Land Acquisition Act, 1894, for public purpose, viz., excavation of Kakatiya Canal of Sri Ram Sagar Project. The 2nd respondent issued notification under Section 4(1) of the Land Acquisition Act on 16.03.1979, which was published in the A.P. Gazette No.87 Part-I Extraordinary. After initiating the said acquisition proceedings, advance possession was taken on 11.07.1980. However, while passing Award, the 2nd respondent has passed Award bearing No.9/86-87 on 22.09.1986 only in respect of the land covered by Sy.No.598 admeasuring Ac.0.36 guntas and no Award was passed in respect of the lands covered by Sy.No.597 admeasuring Ac.1.24 guntas. It appears, Award is not passed with regard the aforesaid land on the ground that the same are treated as surplus lands under the ULC Act.

4. Pursuant to the declaration filed by the petitioner under the provisions of the ULC Act, the primary authority has passed orders under Section 8(4) of the said Act on 14.10.1981 declaring that the petitioner is holder of excess land to an extent of 1,03,510 sq. mtrs. However, Government, in exercise of revisional power under Section 34 of the Act set aside the orders passed by the primary authority and remitted the matter for fresh consideration by the Special Officer and competent authority. Thereafter, further orders are passed on 25.04.1985 declaring that petitioner is holder of surplus land to an extent of 1,03,519 sq. mtrs. Petitioner was unsuccessful before the appellate authority as the appeal filed by him was dismissed on 30.09.2000 vice proceedings No.WGL/1469/88. As against the orders of the primary authority, as confirmed by the appellate authority, petitioner filed W.P.No.5529 of 2011 before this Court and interim orders were passed to maintain status quo as on 18.03.2001. In the meanwhile, the Urban Land (Ceiling and Regulation) Act, 1976 was repealed by Act 59 of 1999 with effect from 22.03.1999; the State of Andhra Pradesh adopted the same with effect from 27.03.2008. As admittedly possession was not taken under the provisions of the ULC Act, in view of the interim orders of this Court, proceedings under the said Act are lapsed.

5. After State of Andhra Pradesh adopted the repealed Act, petitioner made representation to the 2nd respondent to issue fresh notification under Section 4(1) of the Land Acquisition Act in respect of the land covered by Sy.No.597 admeasuring Ac.1.24 guntas, possession of which was taken under the provisions of the Land Acquisition Act and to pay compensation. When respondents have not taken any steps, petitioner filed W.P.No.28520 of 2008 before this Court, wherein interim orders were passed directing the respondents to consider the representation of the petitioner.

6. In this writ petition, it is the case of the petitioner that when he approached the respondents, after obtaining interim orders