HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.No.29675 of 1995 ORDER: The petitioner has challenged the action of the Respondent/Land Acquisition Officer-cum-Revenue Divisional officer, Kurnool in rejecting to refer his claim in respect of the market value of the land acquired to the Civil Court, as illegal. The petitioner was the owner of an extent of Ac.1.01 cent of land situate in S.No.419/1 G.D. of Mallempalli Village, hamlet of Venkatapuram Village, Dhone Mandal, Kurnool District. The said land was acquired by a Draft Notification issued under Section 4 (1) of the Land Acquisition Act published in the gazette dated 20-02-1992. The Award No.1 of 1992 was passed awarding a compensation of Rs.6,767/- only in respect of the said acquired land. Not satisfied with the said amount, the petitioner sought for a Reference by filing an application dated 09-09-1992 seeking reference to the Civil Court under the provisions of Section 18 of the Act. The respondent, however, declined to refer the same purportedly on the ground that the petitioner received the amount awarded without protest. Aggrieved by the said action, the petitioner has filed this Writ Petition. Heard both the counsel for the Petitioner and the learned Government Pleader. It is not in dispute that the aforesaid land of the petitioner was acquired. The respondent in his counter-affidavit has fairly submitted that the petitioner filed applications on 09-09-1992 and 20-05-1993 as well seeking reference to the civil Court. However, the respondent declined to refer the same on the ground that the receipt of compensation without protest disabled the petitioner from seeking reference to the civil Court. I am of the view that the said ground cannot be countenanced. On an application filed within time, the Land Acquisition Officer is under a statutory duty to refer the matter to the civil Court irrespective of whether the amount awarded was received with or without protest. This being a legislative mandate, the respondent should have referred the matter under Section 18 of the Act for adjudication. On the said premise, the Writ Petition is liable to be allowed. The Respondent is directed to refer the claim of the petitioner to the civil Court for eventually determine proper market value of the land acquired from the petitioner. The Writ Petition is accordingly allowed. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 07th December, 2010 Skmr HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.No.29675 of 1995 Date : 07-12-2010 Between : Bangi Sunkanna .. Petitioner and The Land Acquisition Officer-cum- Revenue Divisional Officer, Kurnool, Kurnool District .. Respondent