THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP No. 18732 of 2002 ORDER: This writ petition has been preferred by those who lands have been acquired by the State for the public purpose seeking a reference to be made under Section 18 of the Land Acquisition Act to the Civil Court for the determination of the appropriate quantum of compensation. The lands in question, belonging to the petitioners have been acquired for the purpose of widening of existing road between Gavaravaram to A. Koduru. An award bearing No. 5 of 1999 was passed on 12.10.1999 fixing a total compensation of Rs.13,75,334/- in respect of Ac.8.28 cts of land acquired. After receiving the said amount of compensation, the writ petitioners herein sent up an application on 16.12.1999 seeking a reference to be made to the civil court. The request has been rejected for two fold reasons. (1) That they have given in writing that they will not reagitate the question relating to fixation of compensation and (2) While receiving the compensation amount, they have not protested at all. Though the learned Government Pleader tried to sustain the said rejection, plainly, such an action is untenable in view of the judgment rendered by a Full Bench of this court in DISTRICT COLLECTOR, KAKINADA VS. NAGABHUSHANA RAO[1] wherein this court has made it clear that for the purpose of seeking a reference under Section 18 of the Land Acquisition Act, the claimant need not have to record his protest nor does he give it in writing that he should settle for the compensation determined by the Land Acquisition Officer. I therefore do not have any hesitation to accept the contention canvassed by the learned counsel for the petitioners Sri C.Upendra for Sri E.V.Bhagiratha Rao, that the reference sought for under Section 18 by the writ petitioners to the civil court for determination of the appropriate quantum of compensation payable for the land compulsorily acquired for public purpose does not require either to protest or have the same recorded while receiving the compensation. The writ petition is, therefore allowed. The respondent – Special Tahsildar-cum-Land Acquisition Officer, Revenue Division, Visakhapatnam, is directed to make a reference to the civil court for determining the appropriate quantum of compensation payable to the petitioners for the lands acquired for public purpose. The writ petition stands allowed. No costs. ------------- knk 26.03.2010 [1] 2003(6) ALT 353