The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.12253 of 2009 Date: 9th November, 2011 Between: Kudumula Revathi ..... Petitioner and 1.The District Collector, SPSR.Nellore, Sri Potti Sreeramulu Nellore District and 2 others. .....Respondents Counsel for the Petitioner: Smt.B.Anuradha Counsel for the Respondents: AGP for Land Acquisition The Court made the following : O R D E R: This Writ Petition is filed for a Mandamus to declare the action of the respondents, in not referring the dispute to the competent civil Court under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’), as illegal and arbitrary. The petitioner is the owner of certain lands in Survey Nos.1206-2 and 1214/1-2 of Kovur Village and Mandal, Nellore District. Part of the said lands along with the lands belonging to the other owners were acquired for providing house sites to 203 beneficiaries under 2nd Phase of Indiramma Housing Programme. Following the same, award was passed on 30-06- 2008. The petitioner claims that, dissatisfied with the compensation fixed under the award, she made a representation to the respondents for enhancement of the compensation and that on 14-07-2008, she has received a cheque for Rs.36,05,000/- under protest, without prejudice to her right to claim enhanced compensation from civil Court. As no action has yet been taken thereon, the petitioner has filed the present Writ Petition seeking a direction to the respondents to refer the dispute to the civil Court under Section 18 of the Act. Even though no counter-affidavit is filed, the learned Assistant Government pleader for Land Acquisition, representing the respondents, at the hearing, invited this Court’s attention to award, dated 30-06-2008, and submitted that since the impugned award is a consent award, the petitioner is not entitled to seek reference. The learned Assistant Government Pleader also submitted that the pleadings of the petitioner are too vague which do not show that an application for reference of the dispute to the civil Court has been made. A perusal of the impugned award, dated 30-06- 2008, would show that the same is titled as “consent award”. At page 20 of the said award, it is mentioned that, pursuant to the notices, issued under Sections 9 (1) & 10 and Sections 9 (3) and 10 in form Nos.6 and 7 respectively, all the four persons, who are the owners of the land in Survey No.1206-2, including the petitioner, appeared and expressed their willingness to part with the land and for passing of consent award, if the value of the land is fixed at Rs.7 lakhs per acre including all statutory benefits and that an agreement in form III has been entered into to that effect. In respect of Survey No.1214/1-2 admeasuring Ac.10-38 cents, a similar arrangement has been referred to and an agreement was entered into in respect of the said lands too. In her affidavit, the petitioner has not disputed the said contents of the award. It is, thus, not the pleaded case of the petitioner that the impugned award is not a consent award or that the consent given by her is not lawful. Under Section 18 of the Act, the right, to seek reference of the dispute to a competent civil Court, is vested only in those persons, who have not accepted the award. In view of the undisputed fact that the petitioner has accepted the award by giving her consent and entered into agreements to that effect, she cannot ask for reference of the dispute relating to fixation of compensation to the civil Court under Section 18 of the Act. Even otherwise, as rightly pointed out by the learned Assistant Government Pleader, the pleadings of the petitioner are too vague as to whether any application in writing has been made and if so, the same was made within the period of 60 days as envisaged under Section 18 (2) (b) of the Act. For both the above-mentioned reasons, the Writ Petition fails and the same is, accordingly, dismissed. As a sequel, WPMP.No.15825 of 2009, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 9th November, 2011 LUR