IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SUNDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 1753 of 2009 Between: Nandikonda Narayaan Reddy, S/o. Ramalinga Reddy, R/o. Hanmajipalli Village, Bejjanki (M) Karimnagar District. ..... PETITIONER AND 1 The Special Deputy Collector, LA Unit, SRSP, LMD Colony, Timmapur (M) Karimnagar District. 2 Devasani Janadhan Reddy, S/o. Malla Reddy, R/o. Hanmajipalli Village, Bejjanki (M) Karimnagar District. 3 Nandikonda Laxmi, W/o. Bal Reddy, R/o. Hanmajipalli Village, Bejjanki (M) Karimnagar 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 to issue a writ, order or direction and more particularly one in the nature of Writ of Manamus directing the Respondents No.1 not to pay the compensation amountin respect of houses bearing Nos.2-91 and 2- 91/1 Hanmajipalli Vilalge, Bejjanki Mandal in Karimnagar to Respondent Nos.2 and 3 by direcing the 1st Respondent to refer the case to the Civil Court under Section 30 of the Land Acquisition Act; and pass Counsel for the Petitioner:MR.BATHINI PAPA RAO GOUD Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1753 of 2009 ORAL ORDER: This writ petition is filed seeking a Mandamus directing the respondent No.1 not to pay compensation amount to respondent Nos.2 and 3 in respect of houses bearing Nos.2-91/2 and 2-91/1 of Hanmajipally village, Bejjanki mandal, Karimnagar district and to direct the respondent No.1 to refer the matter to the Civil Court under Section 30 of the Land Acquisition Act. According to the petitioner, he is the absolute owner and possessor of houses bearing Nos.2-91/2 and 2-91/1 of Hanmajipally village, Bejjanki mandal, Karimnagar district. While that being so, the said houses were acquired and submerged in the lower Maneru dam. Petitioner made representation to the first respondent stating that he is the owner of the subject property along with respondent Nos.2 and 3, therefore sought for compensation along with them. Since there was some dispute, petitioner also requested the first respondent to refer the matter to the Civil Court under Section 30 of the Land Acquisition Act. As there was no response to his representation, petitioner filed the present writ petition. There is no necessity of going into all the details. Respondent No.2 filed a detailed counter stating that he is the absolute owner and possessor of the subject property and no one else is entitled to share the compensation awarded by the Land Acquisition Officer. On instructions, the learned Government Pleader submitted that Award is passed for Rs.5,03,291/- vide proceedings No.D/1413/08 (Award No.17/2008-09) dated 21.1.2009 and amounts were deposited in the Court of learned Senior Civil Judge, Huzurabad under Sections 30 and 31 of the Land Acquisition Act since objections were filed by various persons claiming compensation against the subject property. Recording the submissions made by the learned Government Pleader, the writ petition is closed. However, this will not preclude the respondent No.2 from challenging the reference order made by the Land Acquisition Officer. No order as to costs. ______________ C.V.RAMULU, J Date: 1.4.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1753 of 2009 1.4.2009