IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.17068 of 2002 Between: Naraganti Mohanaiah … Petitioner AND The Land Acquisition Officer/ Revenue Divisional Officer, Tirupati Division, Chittoor District. … Respondent Counsel for the petitioner : None Counsel for the respondent : AGP for Land Acquisition This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.17068 of 2002 ORDER:- This writ petition is ﬁled for a writ of Mandamus to declare the action of the respondent in not referring Award No.11/01 dated 20.12.2001 to the civil Court under Section 18 of the Land Acquisition Act, 1894 (for short, ‘the Act’) for ﬁxation of the correct market value. The petitioner also sought for a consequential direction for such reference. The averments contained in the aﬃdavit ﬁled in support of the writ petition show that in pursuance of notiﬁcation dated 13.03.2000 issued under Section 4(1) of the Act, whereunder an extent of Ac.0.52 cents of land in Sy.No.124/7B of Anagunta Village, Renigunta Mandal was acquired for widening of Renigunta – Naidupet road and possession was taken on 25.07.2000. Award No.11 of 2001 was passed on 20.12.2001. The petitioner pleaded that he came to know about passing of the award on 20.02.2002 when a cheque for a sum of Rs.34,697/- was sent to him by the Mandal Revenue Oﬃcer, Renigunta on the same date and that he received the said cheque amount under protest and caused a legal notice issued through his counsel on 25.02.2002 by speed post to the respondent and the District Collector requesting for reference of the dispute to the civil Court. Since no such reference has been made, the petitioner ﬁled the present writ petition. The respondent has not ﬁled any counter- affidavit. Under Section 18 of the Act, a person, who has not accepted the award passed by the Collector, is entitled to seek reference of dispute to the civil Court within a period of two months from the date of service of notice under Section 12(2) of the Act, if award was not passed in his presence. Since it is not the case of the respondent that the award was passed in the presence of the petitioner, the limitation for making a request commenced on 20.02.2002, on which date, according to the petitioner, he received the notice of award and the cheque towards compensation. If the claim of the petitioner that he sent the legal notice on 25.02.2002 and the same was received on or before 20.04.2002 is correct, he is entitled for reference of dispute under Section 18 of the Act. Though the petitioner pleaded that the notice was sent through speed post, he has not mentioned the date on which the same was received by the respondent nor he filed proof of acknowledgement. As no counter-aﬃdavit is ﬁled by the respondent, I deem it appropriate to dispose of the writ petition with a direction to the respondent to refer the dispute pertaining to the land admeasuring Ac.0.52 cents in Sy.No.124/7B of Anagunta Village, Renigunta Mandal to the civil Court within a period of four weeks from the date of receipt of a copy of this order, if it is found from the record that legal notice dated 25.02.2002 has been received on or before 20.04.2002. If the respondent ﬁnds that no such notice has been received, he shall pass order to that eﬀect and communicate the same to the petitioner within the abovementioned time. Ordered accordingly. As a sequel to disposal of the writ petition, WPMP.No.21402 of 2002 ﬁled by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 07.08.2008 ES