HONOURABLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITON No.7913 OF 2011 ORDER: An extent of 62 cents of land owned by the petitioner, in various survey numbers of Yakasiri Village, Chittamuru Mandal, Nellore District was acquired for the purpose of excavating a branch of canal of Telugu Ganga Project. An Award was passed on 26-10-2007. The petitioner submitted an application on 14-12-2007, with a request to refer the matter to a Civil Court under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) stating that he is not satisfied with the compensation awarded by the Land Acquisition Officer, the 2nd respondent herein. When no steps were taken on the application, the petitioner approached the Lok Adalat, Gudur, which inturn, was taken the matter as PLC No.45 of 2008. The 2nd respondent filed a counter - affidavit therein, admitting that the petitioner filed an application under Section 18 of the Act on 14-12-2007 within the stipulated time. However, he took the view that the petitioner did not record his protest in Form C or Form CC. It is stated that the matter is still pending with the Lok Adalat. The petitioner challenges the action of the 2nd respondent in not referring the matter to Civil Court. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. 3. Section 18 of the Act confers rights upon the owner of a land to seek reference to the Civil Court in case, he is not satisfied with the compensation awarded by the Land Acquisition Officer. Two conditions that are necessary in this context are that the compensation must have been received under protest and that the application must be made within two months from the date of service of notice under Section 12 (2) of the Act. There is no dispute that the application was filed within the stipulated time. The only ground on which the 2nd respondent refused to refer the matter is that the petitioner did not record the protest in Form C. 4. The Act or the Rules made thereunder, do not stipulate any procedure for the manner in which the protest must be recorded. Time and again, this Court took the view that the very fact that an application is filed seeking reference, would connote protest. Further, wherever the owner of a land expresses his protest, the same is recorded by the Land Acquisition Officer or his subordinates. The owner of the land does not have any say in the matter. Further, in the instant case, it is not alleged that the petitioner did not protest. The objection is only as to the Form. In any circumstance, the stand taken by the 2nd respondent cannot be countenanced. 5. Hence, the Writ Petition is allowed and the 2nd respondent is directed to refer the matter to the Civil Court within two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J April 07, 2011 KTL