THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.13172 of 2008 ORAL ORDER: The petitioner claims that his father was the owner and possessor of Ac.6.06 cents of land situated in Sy.No.92 of Tirulaipuram Gram Panchayat, Velairpad Mandal, Khammam District. It is further claimed that after the death of his father, the petitioner as well as his brother by name Syed Arif succeeded to the property and their names were also entered in the revenue records as pattedars and possessors. While so, the land in question was sought to be acquired for the purpose of “Indira Sagar (Polavaram) Project” and accordingly the 1st respondent-Special Deputy Collector-cum-Land Acquisition Officer, Palvoncha, issued the proceedings dated 22.11.2007 calling upon the petitioner and his brother Syed Arif to attend the enquiry on 10.12.2007. While the said enquiry is pending, it is alleged that the 2nd respondent herein claimed title to the property in question. It is alleged that the 2nd respondent is no way concerned with the property in question and that the claim made by the 2nd respondent is based on certain fabricated documents. In the circumstances, the petitioner along with his brother filed a Petition before the Revenue Divisional Officer, Palvoncha. After making necessary enquiry, the Revenue Divisional Officer, Palvoncha dismissed the said Petition holding that the ROR Pass Book and title deed in favour of the 2nd respondent herein holds good. Aggrieved by the same, the petitioner herein stated to have preferred an Appeal before the Joint Collector, Khammam, which is still pending. The only grievance of the petitioner is that while the said issue is pending consideration by the Joint Collector, Khammam, the 1st respondent herein is proceeding to disburse the compensation to the 2nd respondent herein ignoring the claim of the petitioner and his brother. Hence, this writ petition seeking a declaration that the action of the 1st respondent in not depositing the compensation amount before the competent civil Court as per Section 31(2) of the Land Acquisition Act, 1894 (for short, "the Act") as arbitrary and illegal. It is stated that the petitioner has made a representation dated 14.6.2008 before the 1st respondent requesting not to disburse the compensation amount and refer the dispute to the civil Court under Section 31 of the Act. I have heard the learned counsel for the petitioner as well as the learned counsel appearing for the 2nd respond and perused the material placed before this Court. From the counter affidavit filed by the 2nd respondent as well as the order passed by the Revenue Divisional Officer, Palvoncha dated 7.6.2008, it is clear that as on today there is an order in favour of the 2nd respondent herein. However, the specific case of the petitioner is that he has already preferred an Appeal against the said order and the same is pending before the Joint Collector, Khammam. If that be so, it is for the petitioner herein to pursue the remedy of Appeal already invoked in which event appropriate orders will be passed in accordance with law. However, keeping in view the rival claims made by the parties, to meet the ends of justice, I deem it appropriate to dispose of the writ petition with a direction to the 1st respondent not to disburse the compensation amount in respect of the land in question for a period of two weeks from today. No costs. 08.07.2008. Note: Issue CC by tomorrow. (Bo) Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 13172 of 2008 Between: Abdul Nabi S/o.Samsheer Ali, aged about 52 years, Agriculturist, R/o.Datlavarigudem (V), Velairpad(M), Khammam District. ..... PETITIONER AND 1 The Special Deputy Collector Cum-land Acquisition Officer Indira Sagar (Polavaram) Project, Paloncha, Khammam District. 2 Syed Nawab S/o.Samsheer Ali, Agriculturist, R/o.Datlavarigudem(V) Velairpad(M) Khammam 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 appropriate order or orders direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in not depositing the compensation amount in respect of the land admeasuring Ac 0.06 of land in Sy.No.92 of Tirulaipuram Gram panchayat Velaripad(M) Khammam District before the competent civil Court as section 31(2) of the L.A act is illegal arbitrary violation of article 14 and 300-A of the Col and contrary to section 31(2) of the L.A act and pass Counsel for the Petitioner: Mr. G.B.S.S.PAPA RAO Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: