THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.14387 of 2002 13.02.2008 Between: Kandregula Suribabu and others … Petitioners AND The Special Deputy Collector (Land Acquisition), VUDA, Visakhapatnam. … Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.14387 of 2002 ORDER: The petitioners are owners of lands in T.S.Nos.1569 and 1570 of Anakapalle in Visakhapatnam District. The land was acquired under Land Acquisition Act, 1894 (LA Act, for brevity) by respondent for ‘sites and services’ for Visakhapatnam Urban Development Authority (VUDA). The respondent passed award No.15 of 1994, dated 25.10.1994. An amount of Rs.90,000/- per acre was awarded. The petitioners alleged that said amount is grossly inadequate. They allegedly filed application on 01.12.1994 seeking reference under Section 18 of LA Act for enhancement of compensation. Alleging inaction, present writ petition is filed seeking writ of Mandamus to refer the matter to civil Court. Respondents filed counter affidavit. The allegation of petitioners that they made a representation seeking reference under Section 18 of LA Act is denied. It is also stated that the other applications of other owners are already referred to civil Court under Section 18 of LA Act and that petitioners did not file any application within six weeks from the date of award. The petitioners have not filed any reply affidavit denying counter averments nor did not produce any proof of submitting application, dated 01.12.1994 seeking reference to civil Court. In the absence of such being filed, a disputed question of fact as to whether such application is filed within time or not cannot be decided in writ petition. The writ petition is devoid of any merit and is accordingly dismissed. No costs. _______________ (V.V.S.RAO, J) 13.02.2008 pln