IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 12831 of 2009 Between: P. Narsaiah, S/o. Late P. Mallaiah, R/o. H.No. 10-4-13/11/A/1/1, Humayunagar, Masab Tank, Hyderabad. ..... PETITIONER AND 1 The Special Deputy Collector, S.R.S.P., F.F.C., Land Acquisition Sec.II, L.M.D. Colony, Karimnagar, Andhra Pradesh. 2 Dr. Raja Narasimhulu, S/o. P. Mallaiah, RETIRED, R/o. Plot No. 36, Sitaram Colony, Raj Vansh Apartments, R.K. Puram, Safilguda, Secunderabad. .....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 pass an order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in not issuing the land acquisition notice to the Petitioner and issuing a cheque for Rs. 3,70,000/- towards land acquisition amount to the 2nd Respondent in of Survey No. 224, admeasuring 1 Ac. 30 guntas situated Cheerla Vancha Village, Sircilla Mandal, Karimnagar District, without considering my representation dt. 17-3-2008 and 25-6-2009 is quite illegal and arbitrary and oppose to the principles of natural justice. Counsel for the Petitioner:MR.T.V.RAJEEVAN Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : O R D E R:- The petitioner asserts that the 2nd respondent is his brother and that himself and his brother are the absolute owners of an extent of Ac.1.30 guntas of land in Sy.No. 224 situated in Cheerlavancha village, Sircilla Mandal, Karimnagar District, having bequeathed the same from their father. While so, the 1st respondent-Special Deputy Collector acquired the land in question for construction of Mid-Manair Reservoir Dam. The petitioner states both himself and the 2nd respondent are entitled to get half share of the land in question, but it is the case of the petitioner that his brother, namely the 2nd respondent, in collusion with the revenue officials and to deprive the petitioner of his legitimate share, got only his name entered in the pahani patrika against the land in question and obtained patta certificate in his favour and for his exclusive benefit. Now, the petitioner’s grievance is that the 1st respondent-Special Deputy Collector, without issuing notice to him, is trying to issue a cheque for Rs.3,70,000/- to the 2nd respondent towards compensation. The 1st respondent filed counter affidavit on 07.07.2009 stating that the petitioner sent a petition dated 17.3.2009 indicating that himself and the 2nd respondent are own brothers having equal shares in the land in question and the petitioner objected to payment of the entire amount of compensation to his brother stating that the 2nd respondent, who is his brother, misrepresented the facts to the authorities, and tried to knock away the entire compensation in his favour, and therefore, requested to divide the compensation amount into two equal shares and issue separate cheques in his favour and in favour of his brother, towards their respective shares of compensation. Thus, it is established that there is a title dispute in respect of the land in Sy. No.224 to an extent of Ac.1.30 guntas, and unless the dispute is settled, payment of compensation cannot be made. The 1st respondent-Special Deputy Collector, Land Acquisition filed additional counter affidavit stating that he took charge as Special Deputy Collector (Land Acquisition) on 26.06.2009. One G. Mahesh was his predecessor in office. In the case of the petitioner, his predecessor passed an Award No.6/2009-10, dated 20.6.2009. Since there is a dispute regarding disbursement of the compensation, his predecessor, Special Deputy Collector (Land Acquisition), vide his proceedings dated 25.06.2009, sent the amount to the Court of Senior Civil Judge, Sircilla on 26.06.2009 vide Cheque bearing No.405192 dated 22.06.2009 drawn in favour of the Senior Civil Judge, Sircilla. He further submitted that when he filed counter affidavit on 07.07.2009, he was under the impression that the amount was already sent to the Senior Civil Judge, Sircilla, but later on, he received a message from the office of the Government Pleader for Land Acquisition stating that the petitioner complained before this Court that the amount was not deposited, then he verified in the office and came to know that on 26.6.2009, the cheque was taken to the Court of Senior Civil Judge and the same was returned for want of signatures of the Special Deputy Collector on all pages of the Award dated 20.6.2009 and other enclosed papers. The Deputy Tahsildar concerned, who brought back the Cheque and other papers, took the same to his predecessor Special Deputy Collector presently working as Special Deputy Collector, Karimnagar, for obtaining his signatures on all pages of the award. In this process, the Cheque could not be deposited immediately. In fact, the Cheque was resubmitted and the amount was deposited in the Court of Senior Civil Judge, Sircilla on 09.07.2009 with all the necessary signatures of the then Special Deputy Collector. Having regard to the averments made by the official respondents in the additional counter affidavit filed by the 1st respondent, particularly, to the effect that the Cheque was resubmitted and the amount was already deposited in the Court of Senior Civil Judge, Sircilla on 09.07.2009 with necessary signatures of the then Special Deputy Collector, the learned counsel for the petitioner submitted that the petitioner would approach the Court of Senior Civil Judge, Sircilla, for necessary relief. In view of the above stand taken by the 1st respondent as well as the petitioner, no further orders are necessary in this writ petition and the same is accordingly closed. The petitioner is at liberty to participate in the proceedings before the Court of Senior Civil Judge, Sircilla, and get his dispute adjudicated. No costs. _____________ N.V.RAMANA, J 16th July, 2009 bcj