IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 6232 of 2008 Between: 1 Sisodiya Surajmal S/o. Late Balmukund R/o. HG.No.18-50, Laxettipet, Adilabad District. 2 Sisodiya Prakashchand S/o. Late Balmukund R/o. H.No.11-126, Asifabad, Adilabad District. ..... PETITIONER(S) AND 1 The District Collector Karimnagar District (L.A.) 2 The Land Acquisition Officer-cum-Revenue Divisional Officer, Peddapalli, Karimnagar District. 3 Sisodiay Chandanmal S/o. Late Balmukund R/o. Opposite to Ramakrishna Theatre, Peddapalli, 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 issue a writ order or direction more particularly one in the nature of writ of mandamus directing the 2nd respondent herein to refer the matter to the civil court for adjudication of the dispute as to the title and apportionment of the compensation amount payable to the acquired land admeasuring Ac.2-00 bearing Sy.No.379 situated at Jayyaram Village, Ramagundam Mandal, Karimnagar District U/S 30 and 31 of the Land Acquisition Act. Counsel for the Petitioner: MR.T.RAMULU Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{MSN} O R D E R:- This writ petition is filed seeking a direction to the 2nd respondent to refer the matter to the Civil Court under Sections 30 and 31 of the Land Acquisition Act, 1894 (for brevity “the Act”) for adjudication of the dispute with regard to the title and apportionment of the compensation payable to the petitioners towards acquisition of their land admeasuring Ac.2.00 cents in S.No.379 situated in Jayyaram village, Ramagundam Mandal, Karimnagar District. The petitioners assert that the ancestral property of an extent of Ac.2.00 cents of land in S.No.379 situated in Jayyaram village, Ramagundam Mandal, Karimnagar District belongs to their joint family consisting of the petitioners and the 3rd respondent and each of them is entitled to get 1/3rd share of the property. On 24.11.2007, a Notification under Section 4(1) of the Act was issued proposing to acquire the land in question for providing house sites to the weaker sections under “Indiramma Scheme” and the 2nd respondent was appointed as Land Acquisition Officer to conduct enquiry and pass Award under Section 11 of the Act. The petitioners filed objection petitions before the 2nd respondent-Land Acquisition Officer requesting him to pay 1/3rd amount of compensation to each of them. Now, the petitioners’ grievance is that the 2nd respondent, without considering their objections, is trying to pay the entire compensation to the 3rd respondent on the ground that the name of the 3rd respondent alone is found in the revenue records. Heard the learned counsel for both the parties and perused the material placed on record. The only point that falls for consideration is as to whether the petitioners are also entitled to payment of compensation along with the 3rd respondent, and in view of the fact that objections were raised by the petitioners with regard to the apportionment of compensation payable to them, this Court deems it appropriate to direct the 2nd respondent-Land Acquisition Officer-cum-Revenue Divisional Officer to complete the Award enquiry and deposit the amount of compensation in any nationalized bank and refer the matter to the Civil Court as contemplated under Sections 30 and 31 of the Act, so that the Civil Court will determine as to whether the petitioners are entitled to payment of compensation or not. In terms of the above direction, this writ petition is disposed of. No costs. _______________ 27.03.2008 Note: Furnish copy in one week b/o bcj