THE HON’BLE SRI JUSTICE R.SUBHASH REDDY W.P.NO.26325 OF 2009 18TH FEBRUARY 2010 BETWEEN: URMAM PRASAD AND ANOTHER .. PETITIONERS AND THE SPECIAL DY.COLLECTOR FOR LAND ACQUISITION, INDIRA SAGAR PROJECT (BHADRACHALAM), BHADRACHALAM UNIT II, BHADRACHALAM, KHAMMAM DISTRICT. AND OTHER .. RESPONDENTS THE HON’BLE SRI JUSTICE R.SUBHASH REDDY W.P.NO.26325 OF 2009 O R D E R: In this writ petition, the petitioners seek a direction by way of Mandamus to direct the 1st respondent-Special Deputy Collector for Land Acquisition, Indira Sagar Project, Bhadrachalam Unit II, Bhadrachalam, Khammam, to refer the dispute to the civil Court under section 30 of the Land Acquisition Act, 1894, with regard to the award of compensation for the lands covered by Sy.Nos.33/3, 45/2, 51/8, 52/1, 60/1, 61, 67/2, 67/4 and 68/2 admeasuring Ac.0-60 cts, Ac.0-75 cts, Ac.1-60 cts, Ac.2-50 cts, Ac.1-15 cts, Ac.10-75 cts, Ac.0-75 cts, Ac.0-60 cts and Ac.0-35 cents respectively, situated at Choppally village of V.R.Puram Mandal, Khammam District. In the affidavit filed in support of the writ petition, it is stated that the grand father of petitioners was the owner of the lands in question. The said lands are being cultivated jointly by the petitioners and the father of 2nd respondent. The petitioners claim their right over the aforesaid lands, as successors in interest. The said lands were notified for acquisition for formation of Indira Sagar Project. After publications of declaration under section 6 of the Land Acquisition Act, award enquiry was taken up. It is further averred in the writ affidavit that without any documentary proof, the revenue authorities have entered the name of 2nd respondent’s father i.e. Urmam Chandraiah in all revenue records, and hence, his name was shown in the acquisition proceedings, and that he was issued notice in the award enquiry proceedings. In this writ petition, it is the grievance of the petitioners that though they are also having right over the lands in question, they are not being issued any notice in the award proceedings. It is stated that they got issued notice, dated 12.11.2009, to the 1st respondent, and that, in spite of the same, no steps are being taken to refer the matter under section 30 of the Land Acquisition Act, 1894, to the civil court. On instructions, it is submitted by the learned Government Pleader appearing for the 1st respondent, that, in the month of February, 2009, an award enquiry was conducted, but no award is passed so far. It is further submitted that with regard to the objections raised by the petitioners, no decision is taken by the Land Acquisition Officer, and when passing the award, necessary enquiry would be made and objections of the petitioners would be considered and a decision would be taken regarding referring the matter under section 30 of the Land Acquisition Act, 1894, to the civil court. As much as the award is not yet passed negativing the claim of petitioners, no direction can be issued at this stage, directing the 1st respondent to refer the matter to the civil court under section 30 of the Land Acquisition Act, 1894. As much as it is stated that the objections of the petitioners would also be considered before passing the award, I deem it appropriate to dispose of the writ petition, permitting the petitioners to place their objections, if any, before the 1st respondent, within a period of three weeks from today. On filing such objections, the 1st respondent shall issue notice to the petitioners as well as 2nd respondent and make necessary enquiry before passing the award in respect of the lands in question. It is made clear that if there are any rival claims, it is open for the Land Acquisition Officer to refer the matter to the civil court, under section 30 of the Land Acquisition Act, 1894. Subject to the above directions, this writ petition is disposed of. No costs. 18th February, 2010. ( R.SUBHASH REDDY, J ) cc in two days. tnb THE HON’BLE SRI JUSTICE R.SUBHASH REDDY W.P.NO.26325 OF 2009 18TH FEBRUARY 2010