IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11210 of 2008 Between: Md. Khaja Miya S/o. Late Md. Ismail R/o.H.No.1-57/25, Old Hafeezpet, Serlingampally Mandal, Ranga Reddy District. ..... PETITIONER AND 1 The Govt. of Andhra Pradesh, rep. by its Secretary, Revenue Department, Secretariat, Hyderabad. 2 The Collector, Ranga Reddy District, having its office at Lakdi-ka-pool, Hyderabad. 3 The Tahsildar, Serilingampally Mandal, Ranga Reddy District. 4 The Special Deputy Collector, (Land Acquisition) Interional Airport, Shamshabad, 3rd Floor, Collectorate Complex, Ranga Reddy District, at Lakdi-ka-pool, Hyderabad. 5 Union of India, Rep. by its Custodian of Enemy, property for India, Kaiser-e-Hindu Building, ballard Estate, Mumbai-400038. .....RESPONDENT(S) 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in not ilncluding name of the petition in the notifications dated 07.08.2007 and 22.10.2007 issued under section 4 of Land Acquisition Act in respect of his land admeasuring Ac.20.00 in Sy.No.28A situated at Miyapur Village, Serilingampally Mandal, Ranga Reddy District, as bad, illegal, arbitrary and in violation of principles of natural justice, consequently direct the respondent No.1 and 2 to include the name of the petitioner in notifications dated 07.08.2007 and 22.10.2007 in respect of his land admeasuring Ac.20.00 in Sy.No.28A situated at Miyapur Village, Serilingampally Mandal, Ranga Reddy District and pass Counsel for the Petitioner:MR.MOHD.ZIA-UL-HAQ Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11210 of 2008 ORDER: The petitioner claims interest in an extent of Ac.20.00 cents of land in Sy.No.28A of Miyapur village, Serilingampally mandal, Ranga Reddy District, which was notified for acquisition, vide notifications dated 07.08.2007 and 22.10.2007 issued by the second respondent. He made reference in relation to the said land and ultimately complains that his name was not included in the said notification. He seeks appropriate directions in this regard. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. A notification under Section 4(1) of the Land Acquisition Act is issued disclosing the intention of the government to acquire the land mentioned therein. It is not uncommon that the names of the persons with reference to the lands proposed to be acquired is indicated on the basis of the records and the different set of persons would be having real interest. The entitlement of the persons vis-à-vis the lands sought to be acquired would be examined only during the award enquiry. Not only the persons mentioned in the notification but also others can submit their claims before the Land Acquisition Officer during such enquiry. In case the dispute can be resolved without adjudication of the title, the Land Acquisition Officer himself would take a decision and pay compensation to the person entitled to, and in the event of there being any serious disputes, the matter has to be referred to the civil Court under Section 30 of the Act. The mere fact that the name of an individual does not find place in the notification under Sections 4 and 6 of the Act, hardly makes any difference in this context. Hence, the writ petition is disposed of leaving it open to the petitioner to put forward his claim during the award enquiry with reference to the lands that are sought to be acquired and the same shall be dealt with by the Land Acquisition Officer in accordance with law. No order as to costs. ________________________ L.NARASIMHA REDDY,J Date:28.05.2008 Ccm/nsr