IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 3697 of 2008 Between: Rapole Jeevan Rao S/o R. Madhav Rao R/o Vemunoor Village, Ramagundam Mandal, Karimnagar District presently R/o at Plot No. 49, Vasavinagar, Old Alwal, Secunderabad. ..... PETITIONER AND 1 The Special Deputy Collector,Land Acquisition Floor Flows Canal Division No.2 LMD. Colony Karimnagar. 2 The Special Collector, Land Acquisition SRSP, Tarnaka, Hyderabad 3 Rapole hanmantha Rao S/o late Vittal Rao R/o Ramagundam Mandal, Karimnagar District. 4 Rapole Vaman Rao S/o Late Vittal Rao R/o Ramagundam Mandal, Karimnagar District. 5 Rapole Mohan Rao S/o late Vittal Rao R/o Ramagundam Mandal, Karimnagar District. 6 Rapole Ashok Rao S/o Late Vittal Rao R/o Ramagundam Mandal, Karimnagar District. 7 Rapole halakishan Rao S/o Venkateshwar Rao R/o Vemnoor Village, Ramagundam Mandal, Karimnagar District. 8 Rapole Madan Mohan Rao S/o VEnkateshwar rao R/o Vemnoor Village, Ramagundam Mandal, Karimnagar District. 9 Rapole Shyam Sundhar Rao S/o venkateshwar Rao R/o Vemnoor Village, Ramagundam Mandal, Karimnagar District. 10 Rapole Janardhan Rao S/o Venkateshwar rao R/o Vemnoor Village, Ramagundam Mandal, Karimnagar District. 11 Rapole Ramesh babu S/o Venkateshwar Rao R/o Vemnoor Village, Ramagundam Mandal, Karimnagar District. .....RESPONDENT(S) 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 a Writ, order or direction more inthe nature of Writ of Mandamus directing the Respondents to make payment of Compensation amount to the petitioner in respect of his acquired lands bearing Sy. nos. 46, 75, 78A, 90, 93a, 93B, 95, 99 100A 114& 119 totally measuring Ac. 32.02 guntas situted at vemnoor Village of Ramagundam Mandal, Karimnagar District forthwith and pass such further or other orders as the Hon'ble Court may deem fit and proper inthe circumstances ofthe case. Counsel for the Petitioner: MR.I.AGA REDDY Counsel for the Respondents 1 & 2: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 3697 of 2008 O R D E R: This writ petition is filed seeking a Mandamus to direct the respondents to make payment of compensation amount to the petitioner in respect of his lands bearing S.Nos. 46, 75, 78A, 90, 93A, 93B, 95, 99, 100A, 114 and 119, totally admeasuring Ac.32-02 guntas, situated at Vemnoor village of Ramagundam Mandal, Karimnagar District, which were acquired by the Government. It is the case of the petitioner that land acquisition proceedings were initiated for acquiring huge extents of land at Vemnoor village of Ramagundam Mandal, Karimnagar District. According to the petitioner, he is the owner, possessor and enjoyer of the lands in S.Nos. 46, 75, 78A, 90, 93A, 93B, 95, 99, 100A, 114 and 119, totally admeasuring Ac.32-02 guntas situated at Vemnoor village of Ramagundam Mandal, Karimnagar District. However, his name was not shown either in the Notification issued under Section 4(1) or under Section 6 of the Land Acquisition Act and no notices were served on him at any point of time. When he came to know about passing of Award against the said lands, he approached the Special Deputy Collector, Land Acquisition. The Land Acquisition Officer passed an Award but the compensation is not paid to the petitioner on the ground that a suit for partition is filed with regard to the lands in question and the same is pending. Though he has made representations dated 21.11.2006, 5.3.2007and 16.8.2007 seeking payment of compensation, no action has been taken on the said representations till date. Whereas, learned counsel for the respondents submitted that a suit in O.S. 138 of 2006 is filed and the same is pending on the file of Senior Civil Judge, Peddapalli. Apart from this, objections were filed by the unofficial respondents on 26.9.2006 for payment of compensation. Neither the objections of the unofficial respondents were taken into consideration nor the matter was referred to Civil Court under Section 30 of the Land Acquisition Act. There is no necessity of going into all the details. It is the main grievance of the petitioner that he has made representations dated 21.11.2006 and 16.8.2007, including the one dated 5.3.2007 for payment of compensation, but no compensation is paid to him till date. The learned Government Pleader conceded that the unofficial respondents have filed objections. However, a perusal of the Award indicates that the said objections were not properly considered except saying that in spite of service, none appeared and filed objections. What was the notice issued and what were the objections called for, are not known. Admittedly, a partition suit is pending between the parties. However, pendency of the suit is of no consequence for payment of compensation under the Award. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents 1 and 2 to consider the representations purported to have been made by the petitioner on 21.11.2006, 5.3.2007 and 16.8.2007, and the objections filed by the unofficial respondents on 26.9.2006 by issuing notice to both the parties and fixing an appropriate date, place and time of hearing, and after hearing both the parties, dispose of the same as per law, without being influenced by the fact that partition suit is pending between the parties. This exercise shall be completed within a period of six weeks from the date of receipt of a copy of this Order. Till such time, the Awards passed shall not be given effect to. C.V. RAMULU, J. Date: 27-01-2009. MVB.