THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 12953 of 2009 Between: Punugoti Harish Kumar …… Petitioner and The Government of Andhra Pradesh, Rep. by the District Collector, Karimnagar & others ….. Respondents THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 12953 of 2009 O R D E R: Heard learned counsel for the parties. In this Writ Petition, the petitioner seeks a mandamus to declare the action of Respondents 1 and 2 in proceeding to acquire an extent of Ac.7.27 guntas of land covered by Survey No. 848 situate at Kodimyala Village and Mandal, Karimnagar District, pursuant to the notification dated 24.07.2008 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) and draft declaration dated 06.10.2008 under Section 6 of the Act. It is brought to the notice of this Court that earlier, the petitioner filed Writ Petition No. 22515 of 2008 for the self same relief. The case of the petitioner is that the property in question is the ancestral property that was allotted to his father in an oral family settlement in the year 1995 and since then his father and after his death, himself has been in possession and enjoyment of the said land. According to him, since they have not mutated their names in the revenue records, out of respect towards his grandfather, Respondent No.3, the land in question is in the name of Respondent No.3. This Court, by its order, dated 12.02.2009, disposed of the said Writ Petition directing the Land Acquisition Officer to take into consideration the objections filed by the petitioner and the 3rd respondent therein and pass appropriate award, as per law. It is further observed that if there is any serious dispute as to the title, the matter may be referred to a competent civil Court under Section 30 of the Act. Now, the petitioner contends that he has already filed his objections with regard to the ownership and title of the property in question and that no Award has been passed as yet. In view of the fact that the Land Acquisition Officer has not passed any Award so far, as directed by this Court in Writ Petition No. 22515 of 2008, without going into the merits of the matter, I am of the considered opinion that the petitioner has to await outcome of the said Writ Petition and he cannot approach this Court once again by way of filing the subject Writ Petition. Therefore, I thought it appropriate to direct the Land Acquisition Officer to consider the claim of title and interest of the petitioner over the notified land and pass appropriate Award in accordance with law, as expeditiously as possible. If there is any rival claim with regard to the compensation to be paid to the claimants, the Land Acquisition Officer is at liberty to refer the matter under Section 30 of the Act, to a competent civil Court. Subject to the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ---------------------------- (R. SUBHASH REDDY, J) 18th January 2010 ksld