IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25131 of 2002 Between: G. Pedda Pulla Reddy & others. … Petitioners AND The Land Acquisition Officer-cum- Special Deputy Collector (LA & REH.SSP) Kurnool, Kurnool District. … Respondent Counsel for the petitioners : Sri J.U.M.V. Prasad 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.25131 of 2002 ORDER:- This writ petition is ﬁled for a writ of Mandamus to declare the inaction of the respondent in referring Award Nos.27/2001, 28/2001 and 30/2001 dated 31.12.2001 to the Civil Court, as illegal and arbitrary. Heard Sri J.U.M.V. Prasad, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. The awards in the instant case were passed on 31.07.2001 and the petitioners received award notices under Section 12 (2) of the Land Acquisition Act, 1894 (for short, ‘the Act’) on 12.08.2001. While the petitioners claim that they received the award notices on 17.08.2002 and sent their request for reference under Section 18 of the Act to the respondent on 18.09.2002 through courier service, the respondent in his counter affidavit denied receipt of any such request. At the hearing, learned counsel for the petitioners had drawn my attention to a photocopy of the courier receipt. Under proviso (b) to Section 18 (2) of the Act, it is the responsibility of the land owner to send request for reference of dispute to the civil Court for ﬁxation of compensation within two months from the date of receipt of notice under Section 12 (2) of the Act. Though the petitioners asserted that the request was sent, the respondent has denied the said fact. By failing to produce any material to show that the request sent by the petitioners was acknowledged by the respondent, they failed to discharge the initial burden placed on them. The writ petition is therefore dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 08.08.2008 ES