IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.7619 of 2005 Between: Gangula Satyanarayana ..... PETITIONER AND The District Collector, Khammam and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.7619 of 2005 O R D E R: The petitioner’s land of an extent of Ac.2.22½ cents in Sy.Nos.16 and 17 and Ac.0.07½ cents in Sy.No.31 of Kapavaram village, Bhadrachalam Mandalam, total extent of Ac.2.30 cents was acquired for excavation of the main canal and adverse of Gogubaka Lift Irrigation Scheme by issuing land acquisition proceedings in the year 1980, but no compensation was paid, and therefore, the petitioner earlier filed W.P.32163/1997 which was disposed of, directing the respondents to settle the claim of the petitioner with regard to the payment of compensation for the acquired land, within a period of four months by order dated 23.03.1998. Thereafter only, the Sub-Collector-cum-Land Acquisition Officer, Bhadrachalam passed the award in Rc.No.A/552/98 dated 30.11.1998 and paid compensation which was received under protest. Therefore, this writ petition is filed questioning the inaction of the respondents in referring the matter to Civil Court despite of his representations dated 11.12.1998 and 14.09.2004. A counter is filed stating that the acquired lands are situated in the agency area and though the award was passed on 30.11.1998 and paid the compensation which was received under protest under Sec.18(1) of the A.P.Land Acquisition Act, petitioner filed representation dated 30.11.1998 for forwarding the matter to the nearest Civil Court for enhancement of compensation. It is stated that the said representation was considered and the matter was forwarded to the Senior Civil Judge, Kothagudem which was the nearest Civil Court to Bhadrachalam through letter dated 14.12.1998. The Reference Court returned the matter back on the ground that the Civil Court has no territorial jurisdiction over Bhadrachalam division agency area, and accordingly, the matter was referred to the Collector for clarification. The then District Collector, Khammam vide his letter in L.Dis.No.G/766/2005 dated 05.03.2005 clarified that the Agent to Government, Khammam is competent authority to settle the matter in respect of the reference under Sec.18(1) of the Land Acquisition Act. After receiving the clarification, the matter was referred to the Agent to Government, Khammam to settle the matter, as per Rules vide Rc.No.A/622/2003 dated 29.08.2005 and the same is pending for settlement. The counter is filed in September 2005. As the Agent to Government, Khammam is entitled to decide the matter under Sec.18(1) of the Land Acquisition Act for enhancement of the compensation, and if the Agent to Government has not yet decided the reference under Sec.18(1) of the Land Acquisition Act, I deem it appropriate to direct the Agent to Government, Khammam to consider and dispose of the said reference, within a period of 8 (eight) weeks from the date of receipt of a copy of this order. The Writ Petition is accordingly disposed of. No order as to costs. ________________ V.ESWARAIAH,J Dated: 31.03.2011 Dsr Note: Communicate the copy of order to the Agent to Government, Khmmam immediately B/o Dsr