HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.19388 of 2011 Date : 17-11-2011 Between: Smt. Nomula Savitri .. Petitioner And The Secretary, Revenue, Government of Andhra Pradesh, Hyderabad and others .. Respondent Counsel for petitioner : Sri B.N. Swamiji Counsel for respondent Nos.1 to 4 : Assistant Government Pleader for Land Acquisition The court made the following: ORDER: This Writ Petition is filed for the following substantive relief : “….to issue an appropriate order or direction more particularly one in the nature of writ of mandamus declaring the action of respondent No.4 for passing impugned award with R.C.No.A/209/2009, dated 28-5-2011 in favour of respondent No.5 herein as illegal, arbitrary, unjust, unconstitutional and against the principles of natural justice and Article 14 of the Constitution of India and consequently direct respondent Nos.2 to 4 to submit the original records before the Hon’ble High Court and set-aside the award dt.28-5-2011…” At the hearing, it has come out that the award was passed on 28-5-2011 and payment of compensation was made within three days thereafter to respondent No.5. The petitioner has made a representation on 9-6-2011 to the Land Acquisition Officer not to pay the compensation in view of pendency of the civil proceedings. Even though, payment of the compensation amount under the award, inspite of subsistence of the dispute, by the Land Acquisition Officer without waiting for expiry of the statutory period for seeking reference by the aggrieved party under Section 18(2) of the Land Acquisition Act, 1894, is contrary to the Division Bench Judgment of this Court in Shyam Rao Vs. Land Acquisition Officer – 1991(1) ALT 176, the fact remains that the petitioner failed to seek reference of the dispute within the statutory period. Therefore, no relief can be granted in favour of the petitioner in this Writ Petition. The Writ Petition is accordingly dismissed with liberty to the petitioner to approach the Civil Court by way of a civil suit claiming her right to receive the compensation. As a sequel to dismissal of the Writ Petition, WPMP Nos.23431 & 23432/2011 are dismissed as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 17-11-2011 AM