THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT APPEAL NO.66 OF 2003 JUDGMENT: (Per the Hon’ble Sri Justice V.V.S.Rao) The respondents 1 and 2 are owners of land situated at Chanugondla Village, Owk Mandal, Kurnool District. The land was acquired for excavation of Srisailam Right Bank Canal under award No.21/2001-2002 dated 31.07.2001. An amount of Rs.30,000/- per acre for dry lands and Rs.37,000/- per acre for irrigation dry lands was granted along with solatium at 30% and additional market value at 12%. The award became final. The appellants did not seek any reference under Section 18 of the Land Acquisition Act, 1894 (“the Act” for brevity). They filed Writ Petition being W.P.No.3004 of 2002 praying for the following relief. “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 of Mandamus or any other appropriate writ or order or direction declaring the action of the respondents 1 and 2 in not awarding the interest on the solatium and additional market value granted in Award No.21/2001-2002 dated 31.07.2001 which was passed in respect of the acquisition of the petitioners lands situate at Chanugondla Village, Owk Mandal, Kurnool District, as illegal, unconstitutional and void and consequently direct the respondents to pay the interest on solatium and additional market value granted by respondents 1 and 2 in the aforesaid award forthwith relating to the acquisition of the aforesaid lands of the petitioners forthwith.” The learned Single Judge allowed the Writ Petition at the admission stage holding that interest is payable on solatium in view of the judgment of the Supreme Court in Sunder v. Union of India[1]. This is brought before us in appeal under Clause 15 of the Letters Patent. The Government Pleader for Land Acquisition brought to our notice the decision of the Division Bench of this Court in W.A.No.1599 of 2001 dated 02.11.2001 to which one of us (VVSR,J) is a member. Therein, the Division Bench held that if any amount is not awarded, as per the provisions of the Act, by the Land Acquisition Officer, the remedy of the land owner would be to seek reference under Section 18 of the Act and the High Court cannot issue a Mandamus to confer those benefits. The Division Bench judgment was followed by one of us (VVSR,J) in W.P.No.4481 of 2002. In this case, there is no dispute that the respondents did not seek any reference claiming interest on the amount of solatium and additional market value. Without seeking reference and without the award becoming final, we are afraid, they cannot seek a Mandamus from this Court. For the above reasons, the Writ Appeal is allowed and the order of the learned Single Judge, dated 22.04.2002, in W.P.No.3004 of 2002 is set aside. No costs. _______________ (V.V.S.RAO, J) ___________________ (K.G.SHANKAR, J) 19th September 2011 RRB [1] (2001) 7 SCC 211 = 2001 (5) ALD 136