IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.2874 of 2008 Between: 1 Dasari Kondaiah S/o.Pedda Pullanna Komatikumtla village, Vutloor Mandal, Anantapur District. 2 Dasari Chinna Kondaiah S/o.Pedda Pullanna D.No.4/42/66/EB/2, Patakota, Thadipatri, Anantapur District. 3 Dasari Narayana S/o.Pedda Pullanna D.No.16/1098-2, H.L.C.Colony, Thadipatri, Anantapur District. ..... PETITIONERS AND 1 The Special Collector, G.N.S.S. Kadapa Collectorate Building, Kadapa. 2 The Special Deputy Collector / L.A.O., G.N.S.S., Kadapa Muddanur, Kadapa District. 3 Dasari Chinna Venkata Subbaiah S/o.Pullanna Bakkapatnam Village, Kondapuram Mandal, Kadapa District. .....RESPONDENTS 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 issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 and 2 in proceeding to pass award and pay compensation to the 3rd respondent for the land to an extent of Ac.1.36 cents in Sy.No. 463/2 to 463/6 of Bukkapatnam Village, Kondapuram Mandal, Kadapa District, pursuant to the 4(1) notification Ref.GNSS/C/783/2006, dt. 28.10.06 without considering the petitioners representation dt. 01.01.08, even though petitioners are equal share h old ersof the said property by way of inheritance, as illegal, arbitrary, and violative of ARt. 14, 19 and 300- A of Constitution of India and consequently direct the Respondents 1 and 2 either to pay equal compensation as per the family tree to the petitioners or to refer the matter to the civil Court by depositing the award amount in said Court U/s. 31 of the L.A. Act, and pass such other order or orders. Counsel for the Petitioner: MR.K.RATHANGA PANI REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following: Form-NIC-OGS/WP{KURR} THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.2874 of 2008 ORDER: The Petitioner filed the present writ petition with the following prayer: “To issue Writ of Mandamus declaring the action of the respondents 1 and 2 in proceeding to pass award and pay compensation to the 3rd respondent for the land to an extent of Ac.1.36 cents in Sy.No. 463/2 to 463/6 of Bukkapatnam Village, Kondapuram Mandal, Kadapa District, pursuant to the 4(1) notification Ref.GNSS/C/783/2006, dt. 28.10.06 without considering the petitioners representation dt. 01.01.08, even though petitioners are equal share holders of the said property by way of inheritance, as illegal, arbitrary, and violative of Art. 14, 19 and 300-A of Constitution of India and consequently direct the Respondents 1 and 2 either to pay equal compensation as per the family tree to the petitioners or to refer the matter to the Civil Court by depositing the award amount in said Court U/s. 31 of the L.A. Act” The petitioners are claiming title over the property, which is proposed to be acquired by respondents. The petitioners claim that the property in question is their ancestral property by virtue of registered Document No.946/1921, dated 18.07.1921. The grievance of the petitioners is that though they are titleholders of the property in question, the respondents are going to fix and disburse the compensation amount to the 3rd respondent only, on the ground that his name alone is shown in the 4(1) notification. According to the petitioners, the petitioners as well as 3rd respondents belong to one family and all of them have equal right in the property in question and hence they are entitled to receive the share of compensation equally. Respondents filed their counter affidavits, and according to the 3rd respondent he had purchased an extent of Ac.0.69 cents of land comprised in Sy.No.463 through a registered sale deed No.957/1979, dated 29.10.1979 from Mangadoddi Yesaiah, Yakobu and Rajanna and he had also purchased the remaining land in question through a registered sale deed dated 25.01.1991 vide document No.107/91 from Mangadoddi Yesaiah and therefore, the petitioners have nothing to do with the said property in question, and he alone is entitled for receiving the entire compensation. Admittedly, the award enquiry is in the process and no award in so far as the land in question is passed yet. As and when a dispute arise with regard to title, the only course left open to the Land Acquisition Officer who is seized of the matter is to refer the same to a Civil Court with regard to settlement of the said dispute. In view of the facts and circumstances of the case, and as apparently the petitioners and the 3rd respondent belong to one family, I deem it appropriate to dispose of the writ petition with a direction to the 2nd respondent/the Land Acquisition Officer to go into this aspect and decide the same, and refer the matter to a Civil Court, as provided for under Sec.30 of the Land Acquisition Act, 1894. Subject to the above observations, the Writ Petition is disposed of at the stage of admission. ________________________________ GOPALA KRISHNA TAMADA,J Dated: 17.03.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of A.P; Rep.by its Commissioner of Fisheries, A.P,Hyderabad at Chandravihar Complex,M.J.Road,Hyderabad. 2 The Assistant Director of Fisheries, Mankammathaota, Karimnagar Dist. 3 Fishermen Co-Operative Society Poosala Sultanabad Mandal,Karimnagar Dist Rep.by its President Sri. K.Laxmirajam. 4. 2CCs to 5. 2CD copies Form-NIC-OGS/WP{KURR}