IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.17387 of 2005 Between: Chundru Murali Krishna. … Petitioner And The Special Collector (Land Acquisition), Polavaram Project, Rajahmundry, East Godavari District and another. … Respondents Counsel for the petitioners: Sri T.Niranjan Reddy. Counsel for respondents: AGP for Land Acquisition. This Court made the following: ORDER: This Writ Petition is filed for a Writ of Mandamus to direct the respondents to pay compensation to the petitioner for the lands acquired from him, admeasuring Ac.2.00 cents comprised in Survey No.295/1 of Bheemula village, Gopalapuram Mandal, West Godavari District. Heard Sri T.Niranjan Reddy, learned counsel for the petitioner, and the learned Assistant Government Pleader for Land Acquisition. The above-mentioned land was notified for acquisition for the purpose of construction of Polavaram Project. When the petitioner, who claimed to be the person legally entitled to receive the compensation, approached the respondents, he was informed that O.S.No.885 of 2004 filed by the petitioner was pending and, hence, no compensation could be paid to him. When the petitioner withdrew the said suit and approached the respondents with a request to make payment of compensation, the respondents have not heeded to the said request. Hence, he filed the present Writ Petition. In the counter-affidavit filed by the Special Deputy Collector, Land Acquisition, Tadipudi Lift Irrigation Scheme, Unit No.2, Nallajerla, West Godavari District, it is, inter alia, stated that there is a dispute regarding the title over the land in question and in view of the same, the same will be referred to the civil Court under Section 30 of the Land Acquisition Act, 1894 (for short “the Act”). Since more than 2.1/2 years passed by from the time of filing of the counter-affidavit, the learned Assistant Government Pleader was calling upon to report on the present stage of the proposed reference. She stated that some of the claimants filed a suit, in forma pauperis, which was numbered as O.P.No.86 of 2005 and since the dispute raised in the said proceedings relates as to who are the persons entitled to receive compensation, the respondents deposited the compensation amount under Section 31 of the Act treating the said proceedings as proceedings relating to reference under Section 30 of the Act. The fact that the rival claimants initiated such proceedings is admitted by the learned counsel for the petitioner. In view of pendency of the said proceedings, which are treated as a reference under Section 30 of the Act, the Writ Petition is dismissed as infructuous. The petitioner is permitted to contest the said suit filed by the rival claimants and pending before the competent civil Court. ---------------------------------------- C.V.NAGARJUNA REDDY, J Date: 02-07-2008 MNR