THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.No.8426 of 2006

O R D E R:

This Writ Petition is filed with the following prayer:

“...to direct the respondents to pay market value of the said area of 638 sq. yards forming part of the land in Sy.No.369 situated at Nagarkurnool Mandal proper, now covered by the said Road laid by the Respondents @ Rs.30,000/- (Rupees Thirty thousand) per sq. yard, by issuing an appropriate Writ, order or Direction preferably one in the MANDAMUS and pass such other orders in the interest of justice...”

2. Heard Sri V.Hari Haran, learned Senior Counsel appearing on behalf of Sri A.Narasimha Rao, learned counsel for the petitioners, learned Special Government Pleader attached to the Office of the learned Advocate General appearing for respondents and perused the record.

3. Briefly stated the case of the petitioners is that their great grand-father namely late Srinivas Rao, was the owner of land to an extent of Acres 9.22 guntas in survey No.369 of Nagarkurnool Village & Mandal of erstwhile Mahaboobnagar District; that out of the said extent of land, the Government of Hyderabad had acquired the land to an extent of Acres 7.20 guntas in the year

1942; that on acquiring the aforesaid extent of land, the petitioners’ predecessors were left with land to an extent of Acres 2.02 guntas in survey No.369; that the land acquired by the Government of Hyderabad was not demarcated by metes and bounds; and thus, the remaining land of an extent of Acres 2.02 guntas belonging to the petitioners’ predecessors-in-interest was not clearly delineated.

4. Petitioners further contend that taking advantage of the fact that the remaining extent of land of Acres 2.02 guntas not being delineated, the respondents are laying road in the land of the petitioners to an extent of 638 sq. yards without acquiring and paying compensation for the said land, and as such the respondents-authorities are to be directed to pay compensation for laying road in the petitioners’ remaining extent of land without acquiring the same.

5. Petitioners further contend that the said fact of the petitioners being left with the land to an extent of Acres 2.02 guntas has been taken note of by this Court in a common judgment rendered in CRP.No.5613/2000, WP.No.1718/2001, 2669/1997, Tr.A.S.No.213/ 2002 and W.A. Nos.231 & 321 of

2001.

6. It is the further case of the petitioners that since, the remaining extent of land of Acres 2.02 guntas has not been demarcated, the petitioners filed a suit vide O.S.No.96/1973, wherein the respondents-State is a party.

7. Petitioners further contend that when the respondents- authorities have sought to lay a road in the land of the petitioners in survey No.369, they had approached this Court by filing a Writ Petition vide W.P.No.12815/1999 and this Court, by order, dt.27.12.1999, had directed the respondents to initiate proceedings under Land Acquisition Act, 1894, to acquire the land and pay compensation in respect of the land belonging to the petitioners in survey No.369 situated at Nagarkurnool Village & Mandal, Mahaboobnagar District, with a further direction to implement the aforesaid order within a period of three (03) months from the date of receipt of a copy of this order; and that aggrieved by the said order, though the respondents have filed a writ appeal vide W.A.No.231 of 2001, the said appeal ended in dismissal and as such, the respondents are required to pay compensation to the petitioners in respect of the land of an extent of 638 sq. yards, wherein a road has been laid by the respondents-authorities.

8. Per contra, learned Government Pleader appearing on behalf of respondent No.3 would submit that in the suit vide O.S.No.96/1973, a preliminary decree was passed on 18.07.1974 and thereafter, a final decree was passed on 18.03.1996.

9. Learned Government Pleader would further submit that a final decree would be passed only when the land which is acquired by the Government and remained with the petitioners’ predecessors-in