HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE B. CHANDRA KUMAR WRIT PETITION NO. 19512 OF 2010 Between: Kola Narendra Kumar S/o Ramu aged about 30 years ………….Petitioners AND Government of A.P. represented by its Secretary Roads and Buildings Department, Secretariat Hyderabad and six others ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed in the nature of Writ of Mandamus declaring the Award dated 6.8.2009 passed by the 7th respondent, as illegal and arbitrary. Brief facts of the case are that an extent of Ac. 1.54 cents in S.No. 623/ID of Tirupati Village, Tirupati Mandal, Chittoor District, originally belong to one Talapakkam Venkataseshacharlu and during his minority his guardian Sampoornamma executed a registered “Sagubadi Muchelika” dated 29.9.1913 in favour of one Bheem Reddigari yathugarlla Guruva Reddy S/o Yathugarla Venkatesham and put him in possession and enjoyment of Ac. 1.54 cents of land and after his death, his wife Mangamma transferred the same in favour of one Abdul Gani Saheb S/o Ismail Saheb and in turn he transferred the same to Nelavayi Guruvachari by registered sale deed dated 4.9.1918. The said Nelavayi Krishnamachari s/o N. Guruvachari executed a registered agreement of sale dated 24.1.1986 in favour of the petitioner in respect of Ac. 0.45 cents out of the total extent of Ac. 1,54 cents in S.No. 623/ID. It is stated that subsequently, the petitioner purchased a further extent of Ac. 0.32 cents of land from the same S.No. 623/ID under a registered sale deed dated 5.2.1994. Thus the petitioner has become the absolute owner and possessor of an extent of Ac. 0.77 cents in S.No. 623/ID. It is also stated that when the petitioner came to know the proceedings under the Land Acquisition Act have been initiated for the purpose of constructing bus complex and the same has been published in the A.P. Gazettee on 8.7.1988 under G.O.Rt No. 509 dated 8.6.1988 and that a declaration under Section 6 of the Land Acquisition Act in G.O.Rt.No. 270 dated 7.4.1995 in respect of the total extent of Ac. 1.54 cents in R.S.No. 623/ID of which 77 cents of land belonging to the petitioner is also included and the petitioner came to know that the proceedings under Section 9(3) and Section 10 of the Land Acquisition Act (for short ‘the Act’) have been initiated under ROC No. 7093/82 dated 16.6.1995. It is further stated that notice under Form-7 has been issued by the Land Acquisition Officer and the R.D.O., Chandragiri at Tirupati calling upon the petitioner to appear for enquiry on 4.7.1995, but no enquiry whatsoever has been conducted. As a result of which, N. Krishnamahari, who executed a registered agreement of sale dated 24.1.1986 in favour of the petitioner in respect of Ac. 0.45 cents out of total extent of Ac. 1.54 cents in S.No. 623/ID, filed Writ Petition No. 13361 of 1988 and the petitioner herein field W.P. No. 838 of 1990 challenging the notification issued under Section 4(1) and also declaration under Section 6 of the Land Acquisition Act and this Court disposed of both the Writ Petitions vide order dated 22.9.1993 by quashing the notification issued under Section 4(1) of the Act and declaration issued under Section 6 of the Act. Aggrieved by the same, the APSRTC-second respondent herein field review WPMP No. 6591 of 1994 in W.P.No. 838 of 1990 and the said review petition was dismissed on merits on 15.4.1994. It is also stated that the petitioner also filed W.P.No. 15515 of 1995 to declare G.O.Rt.No. 207 dated 7.4.1995 issued by the first respondent as illegal and this Court granted status quo in WPMP No. 18927 of 1995 in W.P.No. 15515 of 1995 on 20.7.1995 and pending Writ Petition, the Land Acquisition Officer passed an award dated 5.4.1997 and directed that the entire compensation is ordered to be deposited under Section 30 of the Act. It is further stated that the petitioner approached the A.P. High Court Lok Adalat and obtained a copy of the award dated 6.8.2009 in W.A.No. 1445 of 2004 in W.P.No. 13776 of 1995, wherein it was stated that the appellant-APSRTC has entered into a comporomise and N. Gunasekhar, the legal representative of late N. Krishnamachari will be entitled to withdraw the amount deposited by the APSRTC in full and final settlement of the outright sale of Ac. 0.73 cents in S.No. 623/ID of Tirupati Village, Chittoor District and also for the registration of the said extent of Ac.0.73 cents before the Sub-registrar, Tirupati towards full and final settlement of all the claims between the parties. Aggrieved by the same, petitioner preferred the present Writ Petition. Learned counsel appearing for the petitioner contended that he is having the alleged ownership over the property therefore he is entitled to receive the compensation as he has purchased the property from Nelavayi Krishnamachari S/o Nelavayi Guruvachari under registered agreement of sale dated 24.1.1986 and the award dated 6.8.2009 passed by the Lok Adalad in W.A.No. 1445 of 2004 in W.P.No. 13776 of 1995 is not binding on him and pending writ proceedings, the Lok Adalat ought not to have passed the award. On the other hand, Mr. P. Venugopal, learned counsel appearing for the respondents submits that the notification under Section 4(1) of the Act was quashed on the ground of delay and there is no declaration under Section 6 of the Act and when there is no award and when the dispute is with regard to the entitlement of the rightful ownership, the question of reference under Section 30 of the Act will arise. Once the notification stands quashed and there is no award passed, the question of reference under Section 30 does not arise. Heard the learned counsel appearing for both sides and also perused the entire material made available on record. As seen from the record, the Nelavayi Krishnamachari S/o Nelavayi Guruvachari executed a registered agreement of sale dated 24.1.1986 in favour of the petitioner in respect of Ac. 0.45 cents out of the total extent of Ac. 1.54 cents in S.No. 623/ID and subsequently, the petitioner purchased a further extent of Ac. 0.32 cents from the same S.No. 623/ID under a registered sale deed dated 5.2.1994 from T. Ananthacharyulu. It is further on record, that in Writ Petition No. 4966 of 2010, this Court on 4.3.2010 passed the following order: “ There shall be interim suspension of all further proceedings pursuant to the award, dated 6.8.2009, passed in W.A.NO. 1445 of 2009 on the file of the High Court Lok Adalat, Hyderabad, for a period of three weeks from today. Post on 18.3.2010.” After passing of the above order, the Lok Adalat passed an award dated 6.8.2009 in W.A.No. 1445 of 2004 in W.P.No. 13776 of 1995 stating that the appellant-APSRTC has entered into a compromise and N. Gunasekhar, the legal representative of Late N. Krishnamachari will be entitled to withdraw the amount deposited by the APSRTC in full and final settlement of the outright sale of Ac. 0.73 cents in S.No. 623/ID of Tirupati Village, Chittoor District and also for the registration of the said extent of Ac. 0.73 cents before the Sub-Registrar, Tirupati towards full and final settlement of all the claims between the parties. As rightly pointed out by the learned counsel appearing for the respondents that when once the notification issued under Section 4(1) of the Act was quashed in WP No. 838 of 1990 and batch, the question of reference under Section 30 of the Act does not arise. Be that as it may, this Writ Petition is misconceived inasmuch as the petitioner herein is not a party to the Lok Adalt Award dated 6.8.2009 passed in W.A.No. 1445 of 2004 in W.P.No. 13776 of 1995 therefore, he cannot have any right to challenge the proceedings dated 6.8.2009 by way of this Writ Petition and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _______________________ B. CHANDRA KUMAR, J DATE: 19.11.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.