ORDER:

This Writ Petition is filed seeking the following relief: “….to issue any appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the Respondents in not granting compensation to the petitioner for his agricultural land admeasurpg Ac.1-00 Gts in Sy.No.218 of Pillaipally Village, Bhoodan Pochampally Mandal, Nalgonda District which were acquired by the respondents for the purpose of Flood Flow canal cum irrigation channel from Pillaipally Anicut under Notification No.674, dated 12.04.2010 of the Government vide proceedings No.G1/2043/2010 dated 10.04.2010 violation of the prescribed principles of law and justice, illegal, arbitrary, violative of constitutional provisions detrimental to the fundamental rights of the petitioner besides violative of all canons and fiar play and natural justice and also contrary to the provisions of the Land Acquisition Act, and consequently direct the respondents to pay proper compensation to the petitioner considering the value of the land as per open market and also or the existing trees and agricultural well.…”

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. The case of the petitioner is that he is the absolute owner and possessor of land admeasuring Ac.1-00 guntas in Sy.No.218 situated at Pillaipally Village, Bhoodan Pochampally Mandal, Nalgonda District. It is the further case of the petitioner that the respondents have issued notification No.674, dated 12.04.2010, proposing to acquire lands to an extent of Acs.2-29 guntas in Sy.No.218, for the purpose of laying Flood Flow Canal-cum-Irrigation Channel from Pillaipally Anicut, out of which Ac.1-00 guntas in Sy.No.218 belongs to him. It is the further case of the petitioner that after following the procedure contemplated under the provisions of the Land Acquisition Act, 1894, the respondents have passed draft award dated 08.08.2011, but they are deliberately avoiding to pay the compensation, without assigning any reasons for the delay.

4. Learned Government Pleader for Land Acquisition appearing for respondent Nos.1 to 3, on instructions, would submit that the respondents have acquired an extent of Acs.2-29 guntas in Sy.No.218 for the purpose of laying Flood Flow Canal-cum-Irrigation Channel from Pillaipally Anicut, out of which Ac.1-00 guntas in Sy.No.218 belongs to the petitioner and after conducting enquiry under the provisions of the Land Acquisition Act, 1894, the respondents have determined the compensation, duly taking into consideration the market value and passed an award, dated 08.08.2011. Learned Government Pleader further submitted that the petitioner has not filed any documentary evidence like pattadar passbooks and title deeds issued by the competent authority, either before the Tahsildar, Bhudan Pochampallly or before the Revenue Divisional Officer (LAO), Bhongir for field enquiry and even after receiving the notice issued under Sections 9(3) and 10 in Form Nos.6 and 7, there was no appearance by the petitioner at the time of award enquiry, due to which, the compensation of the said land is deposited in the Court of Senior Civil Judge, Bhongir.

5. Since the respondents have already deposited the compensation in the Court of Senior Civil Judge, Bhongir, this Court deems it appropriate to dispose of this writ petition by permitting the petitioner to file appropriate application seeking compensation before the concerned Court, duly enclosing all the relevant documents.

6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________________ JUSTICE C.V.BHASKAR REDDY Date: 02.09.2024 sus