IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 16635 of 2008 Between: Kethireddy Venkata Subba Reddy S/o. Pitchi Reddy Musunooru Village, Kavali Mandal, Nellore District. ..... PETITIONER AND 1 The District Collector, Nellore District at ellore 2 The Land Acquisition Officer & Revenue Divisional Officer, Kavali, Nellore District. 3 Alla Ramalinga Reddy S/o. not known Usunooru Village, Kavali Mandal, Nellore District. 4 Namburu Venkata Narapa Reddy S/o. Chinna Sesha Reddy Musunooru Village, Kavali Mandal, Nellore District. 5 Nelapureddy Babu Reddy S/o.Malakonda Reddy Musunooru Village, Kavali Mandal, Nellore District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.2 in not awarding the compensation for acquisition of the land of the petitioner and the respondent Nos. 3 to 5 as per the actual proportionate extents of each acquisition from the petitioner and the respondent Nos. 3 to 5 holdings as illegal, arbitrary and in violation of Articles 14 and 300-A of the Constitution of India and consequentially direct the respondent No.2 to award the compensation to the petitioner and the respondent Nos. 3 to 5 according to their eligibility in accordance with the proportionate extents of actual acquisition. Counsel for the Petitioner: MR.SIDDATAPU SRINIVASA RAO Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 16635 of 2008 O R D E R: This writ petition is filed seeking Mandamus declaring the action of 2nd respondent in not awarding compensation for acquisition of the lands of the petitioner and the respondent Nos. 3 to 5 as per the actual proportionate extents of each acquisition from the holdings of the petitioner and the respondent Nos. 3 to 5, as arbitrary, illegal and violative of Articles 14 and 300-A of the Constitution of India; consequently, to direct respondent No.2 to award compensation to the petitioner and the respondent Nos. 3 to 5 according to their eligibility in accordance with the proportionate extents of actual acquisition. It appears, for the purpose of providing house sites to weaker sections, notification under Section 4(1) of the Land Acquisition Act was issued on 22.10.2007 proposing to acquire the land to an extent of Ac.46-87 cents in various survey numbers of Musunooru village, belonging to the petitioner and other ryots. After conducting Sec.5-A enquiry, the final declaration under Section 6 of the Land Acquisition Act was made and thereafter an Award was passed on 30.4.2008, in Award No. 2 of 2008. Thereafter, the matter was referred to the competent civil Court by an order dated 7.7.2008. Along with the reference, the amounts in dispute were also deposited before the civil Court. Therefore, nothing survives in this writ petition for further adjudication. The petitioner and the respondents 3 to 5 are entitled to workout their remedies in the reference made under Section 30 of the Land Acquisition Act. The writ petition is accordingly disposed of. No order as to costs. C.V. RAMULU, J. Date: 18-02-2009. MVB.