IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No. 5467 of 2008 Between: M. Sanjeeva Reddy s/o Sri Jangareddy, r/o Mozamjahi Market, Hyderabad. ... PETITIONER AND 1. The Land Acquisition Officer & Special Deputy Collector, (L.A) Unit No.I, O.R.R. Project, HUDA Complex, Tarnaka, Hyderabad. 2. Chiliveri Laksmi Narayana, s/o Narayana, Shop No.29, Unity House Building, Abids, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ or order/s or direction/s more particularly one in the nature of writ of mandamus by declaring the action of respondent No.1 taking physical possession of the petitioner's land without paying the compensation to the petitioner for the land in Survey No.284, an extent of Ac.00-09 cents in Shamshabad village, Shamshabad Revenue Mandal, Ranga Reddy District, directing the respondent not to pay the compensation to 2nd respondent as the same is against the law, arbitrary, unconstitutional and violation of the principles of natural justice and to pass such other orders. Counsel for the Petitioner: Mr. K. PURUSHOTHAM Counsel for the Respondent No.1: GP for LAND ACQUISITION The Court made the following: ORDER: - According to the petitioner, he is the owner of the land in an extent of Ac.0-09 guntas in Sy.No.284 in Shamshabad village. It is stated that for a public purpose i.e. for formation of outer ring road, the Government acquired huge extent of lands, including the land in question and in that context a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) was also published. After following the entire procedure under the Act, award enquiry was also conducted and as respondent No.2 is shown as the pattadar in the revenue records, he was issued notice under Section 9 of the Act and after fixation of the compensation the authorities are paying the said amount of compensation to respondent No.2. It is further stated that as the petitioner is residing at Hyderabad and as he did not know anything about the said proceedings initiated under the Act, he did not raise any objection either about the acquisition or about the compensation. On coming to know that the award enquiry was completed, compensation was fixed and the amount of compensation is going to be disbursed to respondent No.2, the petitioner submitted a representation to respondent No.1 on 30-01-2008 stating that he is entitled for payment of compensation. As respondent No.1 had not passed any order on the said representation and referred the matter to a Civil Court under Section 30 of the Act, the petitioner approached this Court and filed the present writ petition. 2. Heard learned counsel for the petitioner and learned Government Pleader for Land Acquisition. 3. This Court cannot go into the aspect as to whether the petitioner or the second respondent is entitled for payment of compensation. It is only for this purpose Section 30 of the Act is provided for. As and when any claim with regard to the title of the land under acquisition is received, it is the duty of the authority i.e. the Land Acquisition Officer to decide the same and if ultimately he is satisfied that there is a genuine dispute the matter shall be referred to the Civil Court under Section 30 of the Act. As the representation was already submitted to the Land Acquisition Officer on 31-01-2008, the Land Acquisition Officer is hereby directed to consider the said representation and pass appropriate orders in accordance with law. If ultimately he is satisfied that there is a dispute he may refer the matter to the Civil Court under Section 30 of the Act. 4. Accordingly, the writ petition is disposed of at the stage of admission. No order as to costs. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.09-04-2008 Note: Issue C.C. in one week. B/o GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Land Acquisition Officer & Special Deputy Collector, (L.A) Unit No.I, O.R.R. Project, HUDA Complex, Tarnaka, Hyderabad. 2. 2CCs to 3. 2CD copies Form-NIC-OGS/WP{LS}