THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR FRIDAY THIS THE EIGHTEENTH AUGUST, TWO THOUSAND NINE WRIT APPEAL NO. 651 OF 2002 Between: The Government of Andhra Pradesh, Rep. By its Secretary, Secretariat, Hyderabad and another. …Appellants A N D 1. T. Jayaramaiah and Others …Respondents THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO. 651 OF 2002 JUDGMENT ( Per the Hon’ble Sri Justice B. Prakash Rao) The appellant-State filed this appeal assailing the correctness of the order dated 15-10-2001 passed by a learned Single Judge in W.P.No.20763 of 2001, directing the appellants herein to refer the claims of the claimants - respondents herein under Section 18 of the Land Acquisition Act to the competent Civil Court for fixation of proper market value of the land, acquired by the Government. Briefly stated the facts of the case are that an Award was passed on 27-7-1994. The applications of the respondents herein came to be filed on 5-9-1994 before the competent authority with a request to refer the matter to Civil Court under Section 18 of the Land Acquisition Act for adjudication of market value of the land acquired by the Government. However, the appellants herein did not refer those applications and rejected the same. Hence the respondents herein filed the above writ petition. The learned Single Judge by referring the order passed in W.P.No.14135 of 1997, dated 4-7-1997 allowed the writ petition directing the appellants herein to refer the applications of the respondents herein to Civil Court for proper adjudication of the market value. Learned Government Pleader appearing for the appellants raised a point that the respondents herein filed applications before the Special Deputy Collector, Gudur, whereas the competent authority is Special Deputy Collector, Rajampet. Therefore, there is no proper applications. Hence, the order of the learned Single Judge is liable to be set aside. It is seen no such plea has been raised specifically in the memorandum of grounds of appeal. Therefore, it is not proper for the appellants to take such a plea at this belated stage. Further even if such applications are filed before the authority at Gudur, the authority ought to have returned such applications for filing before competent authority-the Special Deputy Collector, at Rajampet. After accepting the applications of the respondents herein and rejecting their plea now the appellants cannot take a stand that the applications filed by the respondents herein were not filed before competent authority. There are no merits in this writ appeal and the same is hereby dismissed. No order as to costs. ______________________ Justice B.Prakash Rao ______________________ Justice Sanjay Kumar 18th August, 2009. KM THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO. 651 OF 2002 18th August, 2009.