IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 11142 of 2003 Between: K. Gani Sageb @ K. Gani Basha, S/o. Late Abdul Saheb, R/o. Rajole Village, Waddapally Mandal, Mahabubnagar District. ..... PETITIONER AND 1 The Special Deputy Collector, (Land Acquisition), PJP Gadwal, Mahabubnagar District. 2 The Special Collector, SSP, Collector Complex, Kurnool. 3 K. Khaza Miya, S/o. K. Gani Saheb, R/o. Rajole Village, Waddapally Mandal, Mashabubnagar District. 4 The Branch Manager, Andhra Bank, Rajole Branch, Rajole Village, Waddapalli Mandal, Mahabubnagar District. ...RESPONDENTS Counsel for the Petitioner:MR.P.CHAKRAVARTHY FOR MR O.MANOHER REDDY Counsel for respondents 1 and 2: AGP FOR LAND ACQUISITION Counsel for respondent No.3: MR G.VENKAT REDDY FOR MR.K.RATHANGAPANI REDDY Counsel for respondent No.4: NONE APPEARED The Court made the following : O R D E R: This writ petition is ﬁled for a writ of Mandamus to declare the action of respondent No.1 in issuing cheque in favour of respondent No.3 without referring the dispute to the civil Court under Section 30 of the Land Acquisition Act, 1894, as illegal and arbitrary. Heard Sri P.Chakravarthy, learned counsel representing Sri O.Manohar Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Land Acquisition for respondents 1 and 2 and Sri G.Venkat Reddy, learned counsel representing Sri K.Rathangapani Reddy, learned counsel for respondent No.3, and perused the record. In respect of right to receive compensation for an extent of Acs.2.12 cents in Survey No.415 of Rajole Village, Waddepalli Mandal, Mahabubnagar District, which was acquired by respondents 1 and 2, there is a dispute between the petitioner and respondent No.3. After considering their claims and objections, respondent No.1 passed Award No.13/2003 on 29-05-2003 by holding that respondent No.3 is the absolute owner of the said property. It is admitted that in pursuance of the said award on 07-06-2003 cheque was issued in favour of respondent No.3 and, at the hearing, learned counsel for respondent No.3 submitted that on 14-06-2003, the said cheque was encashed by his client. In the aﬃdavit of the petitioner, he pleaded that he ﬁled O.S.No.94 of 1993 on the ﬁle of the Principal Junior Civil Judge, Alampur for the relief of appropriate directions to the respondents to refer the matter to the civil Court to decide on the apportionment of compensation amount and that the said suit is pending adjudication. Inasmuch as the petitioner has already availed a remedy for claiming the relief, which is sought for in this writ petition, in my considered view, this writ petition is wholly misconceived. The writ petition is, therefore, dismissed with liberty to the petitioner to pursue the pending civil suit. He is also given liberty to initiate appropriate proceedings for recovery of the amount already paid to respondent No.3 with right to respondent No.3 to defend himself against such a claim. C.V.NAGARJUNA REDDY, J Dated 12th August, 2008 vrn