IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 7478 of 2008 Between: K.Thimmappa S/o.KanapuramBheemanna R/o.Mailagadda village Dharoor Mandal, Mahaboobnagar District ..... PETITIONER AND 1 The Special Deputy Collector (LA), J.L.I.P., Government of Andhra Pradesh, Gadwal, Mahaboobnagar District 2 Suresh S/o.Kanapuram Bheemanna R/o.Mailagadda village, Dharoor Mandal, Mahaboobnagar 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 order or writ one in the nature of writ of mandamus declaring the action of the 1st respondent in not considering objections filed by the petitioner dated 7.4.2007 for referring the matter under Section 30&31 of Land Acquisition Act and proceeding to pass award pay compensation to the 2nd respondent in pursuance to the notification issued Under section 4(1) of Land Acquisition Act 1894 for the lands an extent of Acs.3.25 gts inSy.No.125/B and an extent of Acs.1.22 gts in Sy.No.37/20 total extent of Acs.5.07 gts as arbitrary, illegal, unjust unconstitutional and contrary to the provisions of Land Acquisition Act 1894. Counsel for the Petitioner:SMT.N.SHOBA Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the 1st respondent in not considering the petitioner’s objections dated 7.4.2007 and not referring the matter to a competent Civil Court as contemplated under Sections 30 & 31 of the Land Acquisition Act, 1894 (for brevity “the Act), but proceeding to pass an award in favour of the 2nd respondent in pursuance of the Notification dated 4.12.2006 issued under Section 4(1) of the Act, as arbitrary and illegal. The petitioner asserts that he and the 2nd respondent, who is his brother, are the owners and possessors of the land of an extent of Ac.7.10 guntas in S.No.125/B and an extent of Ac.3.04 guntas in S.No.37/20 situated in Ummityala village, Dharoor Mandal, Mahaboobnagar District. While so, the 1st respondent-Special Deputy Collector issued a Notification dated 4.12.2006 proposing to acquire the lands in question. Then, the petitioner filed his objections on 7.4.2007 to the 1st respondent requesting him to pay ½ share compensation as per his entitlement and also refer the matter to the Civil Court for apportionment of the compensation. Now, the petitioner’s grievance is that the 1st respondent, in collusion with the 2nd respondent, is going to pass an award in favour of the 2nd respondent without considering the petitioner’s objections. Heard the learned counsel for both the parties and perused the material placed on record. The learned Govt. Pleader for Land Acquisition appearing for the 1st respondent, on instructions, has submitted that no award has yet been passed. Section 30 of the Act clearly mandates that any dispute with regard to the apportionment of compensation shall be referred to the civil Court. As the petitioner and the 2nd respondent belong to one family and they are brothers, the 1st respondent is under an obligation to look into the matter and if he is satisfied that there is a genuine dispute, he may refer the matter to a competent civil Court. Hence, this Court deems it appropriate to direct the 1st respondent-Special Deputy Collector to consider the petitioner’s objections filed on 7.4.2007 and pass appropriate orders in accordance with law only after affording an opportunity to both the petitioner and the 2nd respondent to put forth their version. With the above direction, this writ petition is disposed of. No costs. _____________ 11.04.2008 Note: Furnish copy in a week B/o bcj