IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 26088 of 2000 Between: ..... PETITIONER AND .....RESPONDENT 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 Counsel for the Petitioner:MR.A.SUDERSHAN REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Oral order: The writ petition is misconceived. The petitioner seeks a declaration that the action of respondent No.1 in not referring the award No. 13 of 2000 to the civil Court under Section 30 of the Land Acquisition Act, 1894 (for short ‘the Act’) is arbitrary and a direction to the 1st respondent to refer the award to the civil Court under the Act. The petitioner claims to be the owner of an extent of Ac. 4-26 guntas of agricultural land in Sy.No.414/A of Kalvarala Village of Pangal Mandal, Mahabubnagar District. The petitioner claims that he and his sister are recorded as the owners and to be in possession of this property, as per the revenue records. As respondents 3 to 6 were lodging false claims to this property, the petitioner filed O.S.No.220 of 1999 before the Court of the Junior Civil Judge, Kollapur for declaration of title. According to the petitioner, respondents 3 to 6 herein were set exparte in the suit and it was posted for evidence of the plaintiff on 12-2-2001. The petitioner further asserts that the parents of respondents 3 to 6 herein had earlier filed O.S.No.172 of 1998 against the petitioner and one Sri Jaipal Reddy for injunction in respect of the same property, claiming to be the owners of the said property. In view of the averments in O.S.No.172 of 1998 the petitioner had to file O.S.No. 220 of 1999, is the contention. The petitioner got a issued legal notice to the 1st respondent on 30-11-1999 informing about the suit filed by the petitioner for declaration of title and requesting the 1st respondent to refer the dispute (for apportionment of the compensation amount) under Section 30 of the Act, to the civil Court. Despite the lodging of such objections, the 1st respondent passed award dated 8-12-2000 in favour of respondents 3 to 6 declaring respondents 3 to 6 as the owners of the property, is also the complaint. The petitioner thereafter got issued another legal notice dated 12-12-2000 intimating the 1st respondent as to the pendency of O.S.No.172 of 1998 and O.S.No.220 of 1999. Despite such an intimation to the 1st respondent, the respondent failed to refer the dispute regarding ownership and right to compensation of the property to the civil Court, is the substantive grievance leading to filing of this writ petition and the relief sought therein. The 1st respondent filed a counter-affidavit on 25-6-2005 stating that the lands were acquired for the Priyadarshini Jurala Project, Gadwal for submergence under Gopal Dinne Reservoir. An Award No.13 of 2000 dated 8-12-2000 was passed by the 1st respondent. According to the counter, an extent of Ac.2-14 guntas in Sy.No.414/A was referred to the Court of the Senior Civil Judge, Nagarkurnool under Section 30 and 31 of the Act. The Advocate appearing on behalf of the writ petitioner herein had informed that civil suits are pending in various courts i.e., O.S.No.172 of 1998 and 220 of 1999. The counter asserts that a copy of the order in O.S.No.172 of 1998 was produced but no papers relating to O.S.No. 220 of 1999 were produced before the 1st respondent. In the circumstances, after considering the order of the court in O.S.No. 172 of 1998 and the revenue records, the then incumbent of the 1st respondent had referred the dispute in respect of Ac.2-14 guntas to the civil Court which was numbered as O.P.No. 356 of 2003. With regard to broader claims of the petitioner, the counter states that the writ petitioner is one of the pattadars in Sy.No.414 and had sold the property in the said survey number to five persons (mentioned in para 4 of the counter) who also got the property mutated in their names in the Record of Rights. In the circumstances, the petitioner is not the owner nor is in possession of an extent of Ac.4-26 guntas in Sy.No.414/A but is the pattadar only to the extent of Ac. 1-07 guntas as per the Record of Rights. After duly verifying the Revenue Records like R.O.R. and pattadar pass books, the Land Acquisition Officer referred an extent of Ac.2-14 guntas to the civil Court which is numbered as O.P.No.356 of 2003. It is further stated in the counter in para 9 that respondents 3 to 6 are pattadars for extents of Ac.1-06, 1-07, 1-06 and 1-07 guntas respectively in Sy.No.414/A as per the Record of Rights and therefore been entitled to compensation for the respective extents and the compensation has been disbursed in their favour. Learned counsel for the petitioner has now urged, at the hearing of the writ petition, that since O.S.No. 220 of 1999 had been decreed by the civil Court on 5-3-2001 declaring the entire extent of Ac.4-26 guntas in favour of the petitioner and which judgment has become final, the petitioner is entitled to the compensation. The above claim is not susceptible to adjudication and determination under Article 226 of the Constitution. If the petitioner is aggrieved by the determination of ownership and therefore the right to compensation vide award dated 8-12-2000 bearing award No. 13 of 2000, the petitioner ought to pursue the remedies under the provisions of the Act, namely under Section 18 or any other provision, seeking re- determination of the award and for compensation. In the light of the availability of a clear and special statutory remedy, it is not appropriate that this dispute should be adjudicated under Article 226 of the Constitution. In the circumstances above, the writ petition is without merits and is accordingly dismissed with liberty to the petitioner to pursue appropriate remedies as are available in law. There shall be no order as to costs. ________________________ GODA RAGHURAM, J 15th April, 2008 GRR To 1.2CCs to 2.2CD copies