IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO :2989 of 2006 Between: 1.B.Raja s/o Chinna Ramaiah, Hindu, aged 45 years, Cherlapalli village, Owk mandal, Kurnool District & 5 others. .....PETITIONERs AND 1 State of A.P. rep. By Special Collector, Srisailam Right Branch Canal, Kurnool & another. .....RESPONDENTs This Court made the following : THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO :2989 of 2006 ORDER: This writ petition is filed by the petitioners seeking a writ of mandamus to declare the action of respondents-1 and 2 in not referring the applications of the petitioners to the Civil Court under section 18 of the Land Acquisition Act to claim more compensation from the Civil Court for the lands acquired by the respondents vide award No:10/97-98, dated 30.3.1998 as illegal and arbitrary and consequently, to direct the respondents to refer the applications of the petitioners pertaining to award No:10/97-98, dated 10.3.1998 to the Civil Court under section 18 of the Land Acquisition Act. The case of the petitioners is that they are agriculturists and having lands in Cherlopally village, Owk mandal, Kurnool District and an extent of Ac.16.79 cents of patta lands in Cherlopalli village for formation of service road to 221.65 MWL was acquired and an award was passed under the provisions of the Land Acquisition Act on 30.3.1998 fixing the market value at Rs.1,00,000/- per acre to the lands which were having slab polishing units, Rs.1,50,000/- per acre to the lands which were house sites having approved lay out and Rs.75,000/- per acre for the lands having house site potentiality but without approved lay out. Having not satisfied with the award passed by the Land Acquisition Officer, the petitioners have made a representation dated 5.5.1998 under the provisions of section 18 of the Land Acquisition Act seeking to refer to the Civil Court for higher compensation. But, the matter has not yet been referred to the Civil Court. Hence, the present writ petition is filed by the petitioners. The respondents filed the counter contending that there is no dispute with regard to the acquisition of the lands under the provisions of Land Acquisition Act and passing of an award and also filing of representation by the petitioners seeking reference under the provisions of section 18 of the Land Acquisition Act, to the Civil Court. But, it is stated in the counter that since the relevant records were seized by the A.C.B Authorities in connection with an enquiry pending with them, no action was taken on the representation filed by the petitioners. Heard the learned counsel and perused the entire material available on record. From the above contentions, the fact that remains undisputed is that the lands of the petitioners have been acquired by the respondents for the purpose in question and an award was passed on 30.3.1998 fixing the market of the lands and having not satisfied with the same, the petitioners have made a representation on 5.5.1998 to refer the matter to the Civil Court under the provisions of section 18 of the Land Acquisition Act and the said representation could not have been considered on the ground that the relevant records were seized by the A.C.B Authorities in connection with an enquiry pending with them. In this background of the matter, I am of the view that it is just and proper to direct the respondents to consider the representation of the petitioners dated 5.5.1998 to refer the matter to the Civil Court under the provisions of section 18 of the Land Acquisition Act for the purpose of enhancement of compensation pursuant to the award passed on 30.3.1998 by the respondents. Accordingly, this writ petition is disposed of directing the respondents to consider the representation of the petitioners dated 5.5.1998 to refer the matter to the Civil Court under the provisions of section 18 of the Land Acquisition Act for the purpose of enhancement of compensation pursuant to the award passed on 30.3.1998 by the respondents, within a period of two (2) months from the date of receipt of a copy of this order. No order as to costs. ____________________ Justice G.Chandraiah gurc THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO : 2989 of 2006 22nd December, 2009