IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THIS THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TEN HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos.20416; 20486 and 20508 of 2009 WRIT PETITION No.20416 of 2009 Between: Miriyala Venkata Krishnaiah … PETITIONER(S) AND The District Collector, Nellore, Sri Potti Sri Ramulu Nellore District and others … RESPONDENT(S) WRIT PETITION No.20486 of 2009 Between: Miriyala Venkata Subbaiah … PETITIONER(S) AND The District Collector, Nellore, Sri Potti Sri Ramulu Nellore District and others … RESPONDENT(S) WRIT PETITION No.20508 of 2009 Between: Rachakonda Masthnaiah and another … PETITIONER(S) AND The District Collector, Nellore, Sri Potti Sri Ramulu Nellore District and others … RESPONDENT(S) HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos.20416; 20486 and 20508 of 2009 COMMON ORDER: Despite service of notice the unofficial respondents are not present before this Court either through counsel or in person and as such, after hearing Sri K.Muralidhar Reddy, learned counsel for the petitioners, and the learned Government Pleader for Land Acquisition, these writ petitions are being disposed of at the stage of admission. It would suffice for the purpose of disposal of these Writ Petitions if the facts in W.P.No.20416 of 2009 are noted. The petitioner in W.P.No.20416 of 2009 owns an extent of 5.76 Ankanams of land, and the building thereupon, situated in Door No.2/38 covered by T.G.P.No.379 and an extent of 9.27 Ankanams situated in Door No.2/1 covered by T.G.P.No.376 of Gundavolu Gram Panchayat, having inherited the said properties from his ancestors. The first respondent issued a notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’), on 24.04.2007 wherein the petitioner’s name is said to be shown as the owner of the houses; an Award inquiry was held; and, thereafter, an Award was passed on 18.05.2009. The petitioner would allege that respondent nos.3 and 4, only with a view to deny him payment of the compensation legitimately due to him, had issued a legal notice dated 28.07.2009 contending that the said properties belonged to them and that they had inherited the properties under acquisition from their grand father. Consequent thereto, the Land Acquisition Officer intended to refer the matter to the Civil Court under Section 30 of the Act and to deposit the compensation in the Civil Court under Section 31 of the Act. Apprehending that such a reference to the Civil Court, and deposit of the amount to the credit of the Civil Court, would deprive him of his right to receive the compensation due to him for several years, the petitioner has invoked the jurisdiction of this Court. This Court passed an interim order on 24.09.2009 directing the respondents not to deposit or pay the compensation amount to anybody. During the pendency of the Writ Petition, Respondent nos.3 and 4 filed a partition suit before the Junior Civil Judge, Venkatagiri, who referred the matter to the Lok Adalat. The Lok Adalat recorded the no objection of Respondent nos.3 and 4 for payment of the compensation, payable under the award, to the petitioner. Sri K.Muralidhar Reddy, learned counsel for the petitioner, would contend that in the light of the order of the Lok Adalat and, since Respondent nos.3 and 4 have agreed that the compensation payable to the petitioner under the Award should be paid to the petitioner, this Court should direct the Land Acquisition Officer to do so. On the other hand, the Learned Government Pleader for Land Acquisition would submit that, in view of the interim orders passed by this Court, the amount payable under the Awards is still lying with the Land Acquisition Officer and has not been deposited in the Civil Court. Learned Government Pleader would further submit that, if the petitioners were to approach the Land Acquisition Officer along with all the documents including the Award of the Lok Adalat, the Land Acquisition Officer would consider the same in accordance with law and pass appropriate orders with regards payment of compensation under the Award passed by him earlier. Ends of justice would be met if the petitioners are permitted to submit a detailed representation to the Land Acquisition Officer, enclosing thereto all relevant documents including the Award of the Lok Adalat, within two weeks from the date of receipt of a copy of this Order. The Land Acquisition Officer shall, within four weeks thereafter, examine the documents and take necessary action in accordance with law for release of the compensation payable under the Award. There shall be a direction accordingly. All the three writ petitions are disposed of. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN,J 19th April 2010 CVRK Note: Issue copy within one week. B/o CVRK