THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9611 of 2008 Date: 03.03.2011 Between : Menati Muralikrishna .… Petitioner and Revenue Divisional Officer-cum- Land Acquisition Officer, Nellore and others. …. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9611 of 2008 ORDER : An extent of Acs.64.21 cents of land situated in various survey numbers, including Sy.No.560 of Muthukur Village and Mandal of Sri Potti Sriramulu Nellore District, was acquired under the provisions of the Land Acquisition Act, 1894 (for brevity “the Act”). The dispute in this writ petition relates to an extent of Acs.3.50 cents in Sy.No.560. The grievance of petitioner is that though the compensation was awarded and a cheque was also issued in his favour for withdrawal of the amount from the bank, the payment was stopped allegedly on the objections raised by the rival claimants. Therefore, the petitioner has filed this writ petition challenging the action of the respondents in stopping the payment of compensation amount. 2. The claim of the petitioner is that the subject land has been settled on him by his father through a registered Settlement Deed vide Document No.1743/2007, dated 23.6.2007, whereas the claim of respondent Nos.3 and 4, who are impleaded as per the orders of this Court in W.P.M.P.No.16584 of 2008, dated 3.3.2011, is that they are the absolute owners of the said extent, having acquired the same by way of registered Exchange Deed vide document No.1026 of 1959, dated 27.5.1959 and the Land Acquisition Officer, in collusion with the petitioner, passed the award granting compensation to the petitioner. 3. I need not go into the merits of the case, since the learned Government Pleader for Land Acquisition appearing for respondent Nos.1 and 2 has placed the instructions before this Court stating that the dispute as to the entitlement of the petitioner vis-à-vis respondent Nos.3 and 4 has already been referred to the civil Court for adjudication under Sections 30 and 31 of the Act. There being a dispute as to the entitlement of compensation, it is essentially a matter to be decided in the civil Court. In view of the same, learned counsel appearing for the petitioner as well as the learned counsel appearing for respondent Nos.3 and 4 would fairly submit that they would pursue the matter in the reference before the civil Court. 4. Therefore, placing the said submissions of both the counsel on record, this writ petition is disposed of, permitting the petitioner and respondent Nos.3 and 4 to pursue their respective claims before the civil Court. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 03.03.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9611 of 2008 03.03.2011 (Msr)