IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL No.472 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 17/03/2008 in W.P.No.2874 OF 2008 on the file of the High Court) Between: Dasari Chinna Venkata Subbaiah, S/o. Pullanna, R/o. Bakkapatnam Village, Kondapuram Mandal, Kadapa District. ... APPELLANT AND 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, Palakota Thadipatri, Ananthapur District. 3 Dasari Narayana, S/o. Pedda Pullanna, D.No. 16/1098-2, HLC Colony, Thadipatri, Anantapur District. 4 The Special Collector, GNSS, Kadapa Collectorate Building, Kadapa. 5 The Special Deputy Collector/L.A.O., G.N.S.S., Kadapa Muddanur, Kadapa District. ...RESPONDENTS Counsel for the Appellant: Mr. V. Sudhakar Reddy Counsel for Respondents 1 to 3: Mr. K. Rathangapani Reddy Counsel for Respondents 4 & 5: G.P., Land Acquisition The Court made the following: Judgment: (Per Hon’ble Sri Justice R. Subhash Reddy) This writ appeal, under clause 15 of the letters patent, is filed by the third respondent in the writ petition, aggrieved by the order of the learned single Judge, dated 17-03- 2008, passed in W.P.No.2874 of 2008. 2. Respondents 1 to 3 herein filed the aforesaid writ petition seeking Mandamus to declare the action of respondents 1 and 2 therein in proceeding to pass award and to pay compensation to the appellant herein 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 4(1) notification dated 28-10-2006, as illegal. 3. It is the claim of the writ petitioners, respondents 1 to 3 herein, that though they are the original owners of the aforesaid land and they filed claim petitions claiming compensation for the said land, the fifth respondent, Land Acquisition Officer, is proceeding to pass an award and pay compensation in favour of the appellant herein. 4. The learned single Judge, while recording that enquiry is in progress, disposed of the writ petition directing the Land Acquisition Officer to consider the claim of the writ petitioners and to refer the matter to the Civil Court, as contemplated under Section 30 of the Land Acquisition Act, 1894 (‘the Act’ for brevity). 5. Even according to the learned counsel for the appellant, though claim petitions were filed, no award, as contemplated under Section 11(2) of the Act, is passed as on today. Though the very claim petitions filed by the writ petitioners, who are respondents 1 to 3 herein, are pending consideration, they have approached this court on a mere apprehension that compensation is being awarded to the appellant herein. As much as it is stated that the very claim petitions are pending consideration and as no award is passed as on today, the question of granting directions for reference to Civil Court as contemplated under Section 30 of the Land Acquisition Act, 1894 does not arise at this stage. 6. As per the scheme of the Act, particularly under Sections 18 and 30 of the Act, any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred for the determination of the Court and if any dispute arises as to the apportionment of the amount or any part thereof, the Collector may refer such dispute to the decision of the Court. 7. In that view of the matter, though we do not find any error in the order of the learned single Judge to the extent of granting directions to consider the claim of the writ petitioners/respondents, however, as no Award is passed as on today, the question of referring the matter to the Civil Court will not arise at this stage. 8. In the circumstances, we modify the order under challenge and set aside the order of the learned single Judge to the extent of granting directions to refer the matter to the Civil court under Section 30 of the Act and dispose of the writ appeal directing the Land Acquisition Officer to consider the claim of writ petitioners/respondents 1 to 3 also, along with the claim of the appellant herein, conduct enquiry and pass an award. However, if the claim of the writ petitioners is not considered, it is open for them to file objections as contemplated under Section 18(2) of the Act and in case their claim is negatived, compensation amount as per the award shall not be distributed till the expiry of the stipulated period for filing application under Section 18(2) of the Act. 9. Subject to the above modification and directions, the writ appeal is disposed of. No order as to costs. ___________________ ANIL R. DAVE, CJ. April 30, 2008 MRR _________________________ R. SUBHASH REDDY, J.