THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.7362 of 2007 Date: 25.02.2008 Between: Esarapu Kondala Rao and another … Petitioners AND The Govt. of A.P., Rep by the Principal Secretary, Irrigation Department Secretariat, Hyderabad. And another. … Respondents Counsel for the petitioners: Sri Bhavani Shankar. Counsel for respondents: A.G.P. for Land Acquisition. HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.7362 of 2007 ORDER:- This writ petition is filed for a writ of mandamus to declare the action of respondents 1 and 2 in disbursing part of the amount to the petitioners and in not referring the matter to the competent civil court to decide the rival claims between the petitioner and a third party, as unconstitutional. Heard Sri Bhavani Shankar, representing Sri K.S.Murthy, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition for respondents. A perusal of the averments contained in the affidavit filed in support of the writ petition shows that out of Ac.1.26 cents of land acquired for Indira Sagar Project petitioners were paid compensation only for Ac.0.98 cents and for the remaining extent of 40 cents, the respondents wrongly noted the name of Penke Mulamma wife of Suranna as its owner. The petitioners’ grievance is that though the said person was not entitled to compensation, her name was mentioned and the respondents are neither paying the compensation for 40 cents to the petitioners nor referring the dispute to the civil court. On the petitioners’ own showing, in respect of land of 40 cents for which the petitioners are claiming compensation, the respondents are treating Penke Mulamma as its owner. Unless the said Mulamma is made a party to the writ petition, no relief in respect of the said land can be granted behind her back. The writ petition is therefore dismissed with liberty to the petitioners to file a fresh writ petition, if they are so advised, by making the said Penke Mulamma as a party respondent. As a sequel to dismissal of the writ petition, W.P.M.P.No.9411 of 2007 filed by the petitioners seeking interim relief is also dismissed. ___________________________ C.V.NAGARJUNA REDDY,J Date:25.02.2008 mdaa