IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 17531 of 2007 Between: Biyyala Rajaiah S/o.Pochaiah R/o.Gudipet village, Mancherial Mandal Adilabad District ..... PETITIONER AND 1 The Special Deputy Collector-cum-the Land Acquisition officer, Land Acquisition Unit,Sripada Sagar Project Yellampalli , Ramagundam, Adilabad District 2 Bodakunta Mallaiah S/o.Dharmaiah r/o.Gudepet village,Mancherial mandal Adilabad District .....RESPONDENTS 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 order or direction more particularly one in the nature of writ of mandamus declaring the action of the ﬁrst respondent in not releasing and paying the compensation for acquiring the petitioner land in Survey Nos.461 and 518/E to an extent of Ac.9.20 guntas and 0.20 guntas respectively situated at Gudipet sivar of Mancherial Mandal, Adilabad District even after completion of award enquiry and determination of the compensation to be paid as being illegal, arbitrary, and unreasonable and issue a consequential direction directing the ﬁrst respondent to release the compensation amount to the petitioner without reference to the pendency of OS.No.1256 of 2005 on the file of the Junior Civil Judge, Mancherial. Counsel for the Petitioner:MR.P.LAKSHMA REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: An extent of Acs.10.00 of land in survey Nos.461 and 518/E of Gudipet Sivar, Mancherial Mandal, Adilabad District, was acquired by the ﬁrst respondent for the purpose of irrigation project. After issuing notifications under Section 4(1) and 6 of the Land Acquisition Act, 1894 (for short ‘the Act’), the ﬁrst respondent took up the award enquiry. When the award was about to be passed in favour of the petitioner, the second respondent ﬁled O.S.No.1256 of 2005 in the Court of Junior Civil Judge, Mancherial, for declaration of title. He claimed title to the extent of 50%, against the acquired land. In view of this development, the ﬁrst respondent passed an award and referred the matter to the Court of Senior Civil Judge, Asifabad, under Section 30 of the Act, vide proceedings, dated 23.03.2006. A sum of Rs.11,60,875/- was also deposited into the Court of Senior Civil Judge, Asifabad. The grievance of the petitioner is that so far no O.P., was numbered and that the amount of compensation is not paid to him. Heard learned counsel for the petitioner, learned Government Pleader for Land Acquisition appearing for the ﬁrst respondent and learned counsel for the second respondent. The dispute, as regards apportionment of compensation between the petitioner and the second respondent, has already been referred to the civil Court, under Section 30 of the Act. Almost parallel proceedings are in progress, in the form of O.S.No.1256 of 2005. As long as the said proceedings are pending, the ﬁrst respondent cannot be directed to pay the compensation to the petitioner. Interests of the petitioner have already been protected through an interim order, dated 09.10.2007, passed by this Court, directing that the undisputed 50% share of compensation shall be paid to the petitioner. He has to wait till the disposal of O.S.No.1256 of 2005, which, in turn, would pave the way for release of the balance amount. Hence, the Writ Petition is disposed of, directing the Court of Junior Civil Judge, Mancherial, to dispose of O.S.No.1256 of 2005 as early as possible and not later than three months from the date of receipt of a copy of this order. The manner in which the balance of compensation for the acquired land shall be distributed, shall depend upon the out come of the suit. There shall be no order as to costs. ____________________ Dt.15.09.2008 L.NARASIMHA REDDY, J GJ