HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.3112 of 2010 21st April 2010 Between: Dowpati Chinnaiah and others … PETITIONER(S) and The District Collector-cum-Land Acquisition, Khammam, Khammam District and others … RESPONDENT(S) HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.3112 of 2010 ORDER: Heard Sri M.Srinivasa Rao, learned counsel for the petitioners, the learned Government Pleader for Land Acquisition and Sri V.Raghu, learned counsel appearing on behalf of respondent nos.5 to 81. At their request the Writ Petition is being disposed of at the stage of admission. The petitioners claim to have a patta and to have been shown as pattedars in the Section 4(1) notification issued under the Land Acquisition Act, 1894 (hereinafter referred to as – ‘the Act’). It is their case that, without putting them on notice of the Award inquiry, the respondent-Land Acquisition Officer was proceeding to pass an Award and that they apprehend that compensation would be paid to respondent nos.5 to 81. Sri V.Raghu, learned counsel appearing on behalf of respondent nos.5 to 81, would contend that each of them were assigned Acs.10-00 of land and that the petitioners claim is only that they own Ac.10-00 of land. Learned counsel would submit that, even if the said contention were to be accepted, there is no prohibition in compensation being awarded for the remaining extent of land which form part of the acquisition. Learned Government Pleader for Land Acquisition would submit that, despite service of notice on the counsel for the pattedars, the petitioners herein had not participated in the Award inquiry and that an Award is yet to be passed. Without going into the question as to whether a notice was issued to the petitioners’ counsel, whether such notice satisfies the requirements of the provisions of the Act, etc., I consider it appropriate, as an Award has not yet been passed, to dispose of the Writ Petition permitting the petitioners to submit claim petitions before the Land Acquisition Officer within a period of three weeks from today enclosing thereto all documents in proof of their title over the land in question. On receipt of the said claim petitions filed by the petitioners, the Land Acquisition Officer shall consider the same in accordance with law and, thereafter, pass an Award. Till then neither the petitioners nor respondent nos.5 to 81 shall be dispossessed from the lands under acquisition. It is made clear that, in case the petitioners do not submit their claim petitions within the aforesaid period of three weeks, it is open to the Land Acquisition Officer to proceed and pass an Award in accordance with law, thereafter take possession of the lands in question and pay compensation to those who are entitled thereto. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN,J 21st April 2010 CVRK Note: Issue copy within one week. B/o CVRK