HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21839 of 2007 Dated: 27.09.2010 Between: Chunchula Venkataiah & others. …..Petitioners And The District Collector, Karimnagar & others. …..Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21839 of 2007 ORDER : In this writ petition, the petitioners have questioned the validity of the Memos, dated 20th January 2007, issued in Memo No.E/789/ 2006, by the 2nd respondent- Special Deputy Collector. By identical impugned Memos, all the petitioners were informed that they have filed applications under Section 18 of the Land Acquisition, 1894, after the expiry of 42 days, as stipulated under the Land Acquisition Act, as such, their request for reference under Section 18 of the Land Acquisition Act, cannot be considered. The lands of petitioners were acquired for formation of Broad-gage railway line in the limits of Rajaram/Potharam of Mallial Mandal in Karimnagar District. After initiating the proceedings under the Land Acquisition Act, 1894, an Award was passed on 01.05.2006, and subsequently, compensation amounts were also paid. As they were aggrieved by the quantum of compensation, they have filed applications, dated 23rd of December 2006, before the Land Acquisition Officer, seeking reference under Section 18 of the Land Acquisition Act, but their applications were rejected by the impugned memo, on the ground that they have not filed the same within the time stipulated under the Act. In the writ petition, it is the case of the petitioners that as they have not participated in the Award inquiry and as no notices were issued to them under Section 12(2) of the Land Acquisition Act, it cannot be said that their applications are not filed within the stipulated time. From the counter affidavit filed on behalf of respondents, it is evident that after passing of the Award, as per the acquittance Rolls, the petitioner Nos.1, 3 to 9, 12, 15, 16, 18, 19, 21, 22, 28, 30, 31, 33, 40, 41, 43 to 45, 48 to 51, 57, 59 and 60 received compensation amount on 01.05.2006, and the petitioner Nos.2, 10, 11, 13, 14, 17, 20, 23 to 25, 26, 27, 29, 32, 34 to 39, 42, 46, 47 and 52 received the compensation on 24.05.2006, and that all the awardees have received compensation amount without protest, except petitioner Nos.21, 25, 30, 31, 33, 35, 53, 59 and 60. Although it is the case of the petitioners that they have not participated in the award inquiry and no notices were served on them under Section 12(2) of the Land Acquisition Act, but the fact remains that they have received the compensation on 01.05.2006 and 24.05.2006. In view of the receipt of compensation on the aforesaid dates, it cannot be said that the petitioners have no knowledge of passing the Award, so as to file applications under Section 18 of the Land Acquisition Act within the stipulated time. In view of the receipt of compensation on the aforesaid dates, time runs from the date of receipt of such amounts under the Award, as such, it is not open to the petitioners to plead that in the absence of issuance of notices under Section 12(2) of the Act, their petitions shall be deemed to have been filed in time. In view of the stand of the respondents as mentioned above, it is clear that the applications are not filed within the time as prescribed under Section 18 of the Land Acquisition Act, 1894. For the aforesaid reasons, I do not find any illegality or infirmity in the impugned memos, so as to grant the directions as prayed for in the writ petition. The writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 27th September 2010. ajr