D SARALA Vs. DISTRICT COLLECTOR KADAPA

JUDGEMENT

(1.) AT the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned Counsel for the parties.

(2.) THIS writ petition is filed for a mandamus to direct the respondents to pay compensation for the compound wall and zinc sheet shed in Sy.No.40/1 of M. Tummala Palli Village, Vemula Mandal, Kadapa District.

(3.) SEPARATE counter-affidavits have been filed by respondent Nos.2 and 3. In the counter-affidavit of respondent No.2, it is inter alia stated that on the petitioner's representations, a report was submitted by respondent No.2 to respondent No. 1 seeking instructions and that respondent No.1 in his endorsement dated 23.5.2009 stated that the structures i.e., wall and zinc shed are not notified in the draft notification proposals, that the inspection reports of the officers have not mentioned the existence of the structures and that the petitioner has not raised any objection at the time of receiving compensation for the land and trees. It is further stated that while submitting the draft declaration proposals by respondent No.2, the land was inspected and that the inspecting team have not found any structures and that on receipt of the representations from the petitioner, a further enquiry was made and a report was submitted to respondent No.1 wherein the fact of existence of a structure over the land was informed and that respondent No.1 observed that probably the zinc shed must have been constructed after publication of the draft notification.