IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14485 of 2008 Between: Smt. C.Venkata Lakshmi W/o.C.Premkumar Reddy H.No.17-1-391/T/8 Saraswathi Nagar Saidabad,Hyderabad ..... PETITIONER AND 1 The State of A.P rep.by the District Collector Nellore District 2 The Revenue Divisional Officer Kavali Division Nellore District 3 The Tahsildar Kavali (M) Nellore District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ, order or direction more particularly one in the nature of writ of Mandamus calling for the records relating to the Notification Rc G3/3431/2007 dt.2-2-2008 and G.3/680/2008 dt.6-4-2008 of the 1st respondent and consequential Notification dt.4-2-2008 of the 2nd respondent with the regard to acquisition of the land in Sy.No.795 to 805 of Musunuru(V) of Kavali(M) Nellore District and declare the same as illegal arbitrary and violative of the principles of natural justice and further direct the respondents to conduct the survey and identify the owners with reference to the extent of land the owners holding with the reference to the survey Numbers by making division and sub divisions and them acquire the land with due process of law. Counsel for the Petitioner: MR.P.RAGHAVENDRA REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14485 of 2008 ORDER: By notification, dated 12.07.2007, published under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) followed by declaration made on 02.02.2008 under Section 6 of the Act, an extent of Acs.51.83 cents of land situated in Musunuru village of Kavali Mandal, Nellore District, was acquired under the Land Acquisition Act, 1894 (for short ‘the Act’) for a public purpose, namely, allotting house sites to weaker sections under Indiramma Programme. The petitioner who claims title to the land in Survey Nos.795 to 805, which is covered by the acquisition proceedings, contends that it is a joint property without any sub division among the owners. It is alleged that in the absence of such divisions, it is impossible to pass an award granting compensation to all the claimants. However, since the respondents were proceeding with the award enquiry and a notice, dated 04.02.2008, under Sections 9(3) and 10 of the Act was served, the petitioner made a representation on 30.04.2008 followed by another representation, dated 23.05.2008. It is alleged that without considering the claim made by her, the respondents are proceeding to fix the compensation. Aggrieved by the alleged action of the respondents, the present writ petition is filed. As could be seen, the award enquiry is pending and the petitioner has already made a claim vide her representations, dated 30.04.2008 and 23.05.2008. If that be so, the Land Acquisition Officer is bound to consider all the objections raised and in case, it is found that there are any rival claims, the matter shall be referred to the Civil Court in exercise of powers conferred under Section 18 or Section 30 of the Act. Hence, the writ petition is disposed of with a direction to the respondents to consider the representations made by the petitioner, dated 30.04.2008 and 23.05.2008 and to pass appropriate orders in accordance with law after giving an opportunity of personal hearing to the petitioner with regard to her objections, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. No costs. _______________ 09.07.2008 VGB