The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.18701 of 2011 Date: 28-12-2011 Between: Gummadi Santhamma ..... Petitioner AND 1.The State of Andhra Pradesh, Rep. by its District Collector, Krishna District, Machilipatnam, and 2 others .....Respondents Counsel for the Petitioner: --- Counsel for the respondents: AGP for Land Acquisition The Court made the following : Order: This Writ Petition is filed for a Mandamus to declare the action of the respondents, in interfering with the petitioner’s peaceful possession of the land admeasuring Ac.0-80 cents in RS.Nos.22/2A1 and 28/1A of Bhyravapatnam Village, Mandavalli Mandal, Krishna District, as illegal and arbitrary. The petitioner also questioned the action of the respondents, in referring the dispute to the civil Court under Section 31 (2) of the Land Acquisition Act, 1894 (for short ‘the Act’), without taking up the land acquisition proceedings by proper publication of notification and holding enquiry under Sections 4(1) and 5-A respectively of the Act, as illegal and arbitrary. At the hearing, there is no representation for the petitioner. I have heard the learned Assistant Government Pleader for Land Acquisition and perused the record. An extent of Ac.0-80 cents of land, belonging to the petitioner, is the subject matter of this Writ Petition. In her affidavit, the petitioner has stated that she has received notice in LAOP.No.7 of 2011 from the Court of the learned Senior Civil Judge, Machilipatnam. She pleaded that the respondents have not published notification under Section 4 (1) of the Act and held enquiry under Section 5-A of the Act and that, without undertaking this exercise, the respondents cannot straight away refer the dispute to the civil Court under Section 31 (2) of the Act. Even though counter-affidavit has not been filed by the respondents, the learned Assistant Government Pleader for Land Acquisition, on instructions, submitted that all statutory formalities were completed for acquisition of the petitioner’s land. She has given out that notification under Section 4 (1) of the Act was published in the District Gazette, Hindu newspaper, Krishna Patrika and the locality on 01-10-2007, 24-10-2007, 25-10-2007 and 26-10-2007 respectively, enquiry under Section 5-A of the Act was held on 07-11-2007, declaration under Section 6 of the Act was published on 17-11-2007 and that, after issuing award enquiry notices, award was passed on 18-04-2008. She has further stated that, as no one has approached the respondents to receive compensation, the same was deposited in the Court of the learned Senior Civil Judge, Machilipatnam, under Section 31 (2) of the Act and that the said reference was taken on file as LAOP.No.7 of 2011, which is pending. In the light of the above facts, the plea of the petitioner that the respondents have not taken out acquisition proceedings in accordance with the provisions of the Act cannot be accepted. The Writ Petition is, accordingly, dismissed with liberty to the petitioner to participate in the proceedings in LAOP.No.7 of 2011, which is pending before the civil Court. As a sequel, WPMP.No.22574 of 2011, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 28th December, 2011 LUR