Mummadi Subba Ratnamma, Kadapa Dist., And 33 Otrs. v. The Spl.Dy.Collector (L.A.), Kadapa Dist., And 3 Otrs.

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT APPEAL No.894 OF 2010 JUDGMENT: (per Hon'ble the Acting Chief Justice Ramesh Ranganathan) This appeal, under Clause 15 of the Letters Patent, is preferred against the order of the Learned Single Judge in W.P. No.6138 of 2007 dated 20.08.2007. This Writ Petition, along with a batch of Writ Petitions, was disposed of by a common order.

thereupon the petitioner had received compensation. The Learned Single Judge concluded by holding that, if once the landholders received compensation without any protest pursuant to the consent award, they could not be permitted to contend that the method of calculation of the award was discriminatory and violative of Article 14 of the Constitution of India.

After arguing for some time Sri P. Venugopal, Learned Senior Counsel, would submit that, even if the finding recorded by the Learned Single Judge that the Award, as passed, was a consent award were to be accepted, the appellant-writ petitioners were not even paid the compensation which they were entitled to in terms of the consent award. While the Learned Government Pleader for Land Acquisition and Irrigation would contend otherwise, we see no reason to take upon ourselves the task of computing the compensation payable to the land owners in terms of the consent award.

We consider it appropriate, therefore, to dispose of the Writ Petition permitting the petitioners to submit a representation to the first respondent explaining how, according to them, the compensation received by them was lower than what they were entitled to under the consent award. Sri P. Venugopal, Learned Senior Counsel, would submit that the appellant-writ petitioners would submit such a representation within three weeks from today. In case such a representation is submitted, respondents 1 and 3 shall examine whether the amount paid to the appellant-writ petitioners earlier was in terms of the consent award, pass a reasoned order on their representation, and communicate the same to the appellant-writ petitioners at the earliest, and in any event not later than three months from the date of receipt of a copy of this order.

The Writ Appeal is disposed of accordingly. The miscellaneous petitions pending, if any, shall stand closed. No costs. _______________________________ RAMESH RANGANATHAN, ACJ _______________________________ KONGARA VIJAYA LAKSHMI, J Date: 23.11.2017 MRKR