THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.6788 of 2008 ORDER: Petitioners, who are 40 in number and residents of Upparapalli Village, Gopavaram Mandal, Kadapa District, filed this Writ Petition seeking a mandamus declaring the action of the respondents in not referring their applications submitted on 18.01.1999 to the competent civil Court under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) in respect of their house properties covered by Award No.2/1997-98, dated 19.12.1997, as illegal and arbitrary, and consequently, direct them to refer their applications. The Village of Upparapalli in Gopavaram Mandal of Kadapa District came under submergence of Somasila Project. The house properties and other lands, which came under submergence, are notified by issuing a notification under Section 4(1) of the Act and the same was published in the Andhra Pradesh Gazette Part-I on 17.10.1995. After following due procedure, the Land Acquisition Officer and the Special Deputy Collector, Land Acquisition, Somasila Project, Atmakur, passed an award in Award No.2/1997-98 on 19.12.1997 and paid compensation for the structures notified for acquisition. In this Writ Petition, it is the case of the petitioners that passing of award was communicated to them on 18.12.1998 by way of notices under Section 12(2) of the Act. It is also their case that after receipt of the notices issued under Section 12(2) of the Act, they have submitted applications seeking reference, within the time frame, on 18.01.1999. In spite of the same, the respondents have not referred their claim as per the provisions of the Act. The Special Deputy Collector, Land Acquisition, Telugu Ganga Project Unit-I, Kadapa, to whom, the present proceedings are transferred, has filed a counter- affidavit. In the said counter-affidavit, while denying various allegations, it is stated that applications, dated 18.01.1999 alleged to have been submitted by the petitioners, are not genuine and are fabricated. It is pleaded that this Writ Petition was filed nearly nine years after filing such applications. It is categorically stated that the alleged acknowledgment, dated 18.01.1999 obtained on Advocate’s letter, dated 17.01.1999 is not genuine and is fabricated. In this case, it is to be noticed that even according to the claim of the petitioners, with regard to the lands and structures came under the submergence of Somasila Project, the award was passed on 19.12.1997. It is also to be noticed that though they filed applications on 18.01.1999 seeking reference under Section 18 of the Act, they have filed this Writ Petition on 26.03.2008, nearly more than 9 years thereafter. There is absolutely no valid explanation for the abnormal delay and laches on the part of the petitioners in approaching this Court. In that view of the matter, in any event, as it is stated in the counter-affidavit that there were no applications filed by the petitioners and the receipt relied upon by them is not a genuine one, I do not find any ground to issue mandamus, by way of directions, to the respondents as sought by the petitioners in this petition filed under Article 226 of the Constitution of India. The Writ Petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R.SUBHASH REDDY, J 28th NOVEMBER, 2011. kvni