IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 11091 of 2008 Between: Smt. M.K.Rajalakshmi Devi, W/o. Late M.K. Ramachandra Sharma R/o. D.No. 7/25, Apparao Street, Madanapalle Town and Post, Chittoor Distirct. ..... PETITIONER AND 1 The State of A.P., Rep. by its District Collector, Chittoor District. 2 The State of A.P., Rep. by its Revenue Divisional Officer, (LAO), Madanapalle, Chittoor District. 3 The Tahsildar, Pedda Thippa Samudram Mandal, Chittoor District. 4 Yanamala Vemanna S/o. Venkatesu, R/o. Chinnavenkatramannagaripalle, H/o. Pulicallu Village and Post, P.T.M., Mandal, Chittioor district. 5 Sappidi Subbarayudu S/o. Lachumanna Pichikuntlavaripalle, H/o. Pulicallu Village and Post, P.T.M Mandal, Chittoor district. 6 Poojari Eramma W/o. Thimmanna Devappa Kota, H/o. Madumur of P.T.M Mandal, Chittoor District. 7 Katta Venkatramana Naidu S/o. Late Lachumanna R/o. Kammavaripale H/o. Pulicallu Post, P.T.M Mandal, Chittoor district. 8 Polam Bhaskar Reddy S/o. Late Venkatasivappa R/o. Kummarivandlapalle, P.T.M Post and Mandal, Chittoor district. 9 Shaik Hussain Saheb S/o. P.Pakrun Saheb R/o. Maddayyagaripalle, P.T.M Post and Mandal, Chittoor district. 10 Bonthal Ramakrishna S/o. Lakshminarayana R/o. Bonthalollapalle, H/o. Pulicallu Post, P.T.M. Mandal, Chittoor district. 11 Bonthal Jayarami Reddy S/o. Lakshminarayana R/o. Bonthalollapalle, H/o. Pulicallu Post, P.T.M. Mandal, Chittoor district. 12 Busi Reddy Venkatramana S/o. Busi Reddy R/o. Dorigundlavaripalle H/o. Mandumur, P.T.M. Post And Mandal, Chittoor District. 13 Busi Reddy Venkataswamy S/o. Busi Reddy Ganguliah R/o. Dorigundlavaripalle H/o. Mandumur, P.T.M. Post And Mandal, Chittoor 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 an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 3 in not considering the legal notice dated 18.02.2008, 22.02.2008 and 08.04.2008 and the written submission dated 24.04.2008 and not referring the matter to the appropriate court as contemplated under section 30 of the Land Acquisition Act, 1894 is illegal, arbitrary, unjust and violation of Section 30 of the Act, and further violation of the Articles 14, 19(1)(g) and 300-A of the constitution of India and consequently direct the respondents 1 to 3 not to pay the compensation to the respondents 4 to 13 or to any third parties till the disposal of the Writ petition, in so far as an extent of ac.13.66 Cents in Sy.Nos. 23,31,36,38, 117/2,482/1 and 482/2 of Madumuru Revenue Village, PTM Mandal. Counsel for the Petitioner: MR.MAHADEVA KANTHRIGALA Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : O R D E R:- The petitioner asserts that she is the absolute owner and possessor of various extents of lands in Sy.Nos.481, 2B, 23, 29, 30, 31, 32, 34, 35 to 38, 40, 44, 45, etc. situated in Madumuru Revenue village, Pedda Thippa Samudram Mandal, under a registered Will dated 24.7.1982 executed by her husband bequeathing the properties in her favour, and subsequently, her name was mutated in the revenue records and the revenue officials issued pattedar pass books in her favour. While so, 1st respondent issued Notification dated 06.02.2008 under Section 4(1) of the Land Acquisition Act, proposing to acquire the properties in question for development under AVRHSSS-2 (Package No.27) for construction of branch canals under Hundri Neeva, wherein the petitioner’s name is not shown as beneficiary, but the names of respondent Nos.4 to 13, who have no right, title or interest over the properties in question, were shown as beneficiaries against the survey numbers. Then, the petitioner made representations dated 18.2.2008, 22.2.2008 and 8.4.2008 to respondent Nos.1 to 3 requesting them to verify the records and conduct an enquiry and pay suitable compensation to her. Pursuant thereto, the 2nd respondent issued a final notice dated 16.4.2008 directing the petitioner and others to appear for enquiry, and in pursuance thereof, the petitioner appeared for enquiry before the Revenue Divisional Officer and gave written submissions dated 24.4.2008, but her grievance is that respondent Nos.1 to 3 have neither considered her representations nor paid suitable compensation to her nor referred the matter to competent civil Court, and instead are trying to pay compensation to the unofficial respondents, who are not entitled to receive compensation. The 2nd respondent-Revenue Divisional Officer filed counter affidavit inter alia denying the averments made in the affidavit filed in support of the writ petition and stated that after the award was passed, compensation could not be paid to the beneficiaries and the amount is kept with him. He admitted that the petitioner filed objection petition dated 27.03.2008 raising dispute with regard to the title of the property. As there is a title dispute, the respondent is taking steps to refer the matter to the civil Court and the amount will be deposited in the trial Court. The civil Court will adjudicate the title of the rightful owner of the landed property. Heard the learned counsel for the petitioner, the learned Government Pleader for Land Acquisition appearing for respondent Nos.1 to 3 and the learned counsel for the unofficial respondents. In view of the specific averments made in the counter affidavit filed by the 2nd respondent-Revenue Divisional Officer that the petitioner filed objection petition dated 27.03.2008 raising title dispute over the property in question and the 2nd respondent is taking steps to refer the matter to the competent civil Court for adjudication of the title and determination of compensation, no further orders need be passed in the writ petition, and the same is accordingly closed. No costs. ______________ N.V.RAMANA, J 30th June, 2009 bcj