IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE 25TH DAY OF FEBRUARY, TWO THOUSAND EIGHT ONLY WRIT PETITION No.5965 of 2007 Between: Lalam Pentayya. … Petitioner AND The Land Acquisition Officer-cum-Spl.Dy. Collector, Special Economical Zone-II, Industrial Estate Colony, Visakhapatnam and two Others. … Respondents Counsel for the petitioner: Sri B.M.Patro. Counsel for the respondents: Asst. Government Pleader for Land Acquisition. The Court made the following; ORDER:- This Writ Petition is filed for a Writ of Mandamus to direct respondent No.1 to disburse half of the compensation amount to the petitioner in respect of his share of land acquired by respondent No.1. A perusal of the averments contained in the affidavit filed by the petitioner shows that there is a dispute between him on one side and respondents 2 and 3 on the other; that he filed a claim petition under Section 9(1) & (3) of the Land Acquisition Act, 1894 (for short “the Act”) seeking payment of his share of compensation; and that respondent No.1 has not been considering the same. In my considered view, this Writ Petition is premature, as no award has been passed so far. Before passing the award under Section 11 of the Act, it is the obligation of respondent No.1 to consider the claims of all the persons interested in receiving compensation and if he is satisfied that a dispute exists between the rival claimants, he shall refer the same under Sections 30 and 31 of the Act. From the averments contained in the affidavit, I am satisfied that the stage for filing Writ Petition has not reached as respondent No.1 has not decided the rival claims. Therefore, the Writ Petition is disposed of as premature. Respondent No.1 is, however, directed to consider the claim of the petitioner along with other claims before passing an award, if an award has not already been passed. It is made clear that if the petitioner is aggrieved by the aw/.ard, he shall be free to avail his remedies available under law. ---------------------------------------- C.V.NAGARJUNA REDDY,J 25-2-2008 MNR