IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2432 of 2008 Between: Eduru Venkata Seshacharyulu and 2 others ..... PETITIONERS AND The Govt.of A.P., rep by the District Collector, Prakasam District, Ongole and 2 others .....RESPONDENTS THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2432 of 2008 ORDER: This writ petition is filed for a Writ of Mandamus to direct the respondents to pay compensation for the lands of the petitioners, admeasuring Ac.11.00, Ac.2.76 cents and Ac.13.76 cents respectively comprised in Sy.No.67/1 of Ghadiapudi village, Maddipadu Mandal, Prakasam District, which were acquired under Notification dated 24.08.2005, issued under Sec.4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). The petitioners, in the affidavit, filed in support of the writ petition, averred that for the last five generations the forefathers of the petitioners have been in possession of the above mentioned lands towards remuneration for performing Pujas in Sri Sri Sri Lakshmi Narasimha Swamyvaru Temple, Ghadiapudi village ofr Maddipadu Mandal, Prakasam District; that Pattadar Pass Books were issued in their favour; that the said lands were acquired under Notification dated 24.08.2005; that as compensation was not paid to the petitioners, the petitioners got legal notice dated 06.09.2005 issued; and that respondent No.2 requested respondent No.3 to settle the issue of payment of compensation. It is further averred that the Mandal Revenue Officer, Maddipadu, after holding enquiry, submitted a report dated 26.12.2005 to respondent No.2, wherein it was found that the petitioners were granted Pattadar Pass Books and Title Deeds, and that the petitioners learnt that respondent No.3, vide proceedings dated Nil-07-2007 requested respondent No.2 to pass necessary orders and instructions and take further action in the matter for payment of compensation to the petitioners. Heard Sri E.V.S.S.Acharyulu, learned counsel for the petitioners and learned Govt.Pleader for Land Acquisition. If any land belonging to a private party is acquired, it is incumbent upon the State and its functionaries to pass award under Section 11 and make payment of compensation to the persons who have interest in the land. If there is any dispute regarding entitlement or apportionment of compensation, as the case may be, they are entitled to make a reference to Civil Court under Section 18 or Section 30, as the case may be. Since the petitioners have been making a claim for compensation, the respondents shall decide such a claim with reasonable dispatch, and if the respondents are satisfied that the petitioners are entitled for payment of compensation, they shall, accordingly, pay compensation, if on the other hand the respondents are convinced that a dispute exists on the entitlement or apportionment of compensation, they shall refer the case to Civil Court. In that view of the matter, without entering into the merits of the case, the Writ Petition is disposed of, with a direction to respondent Nos.2 and 3 to decide the claims of the petitioners for payment of compensation in respect of the lands acquired under Notification dated 24.08.2005, within a period of four weeks from the date of receipt of a copy of this order, in the light of the observations made herein above. As a sequel to dismissal of the writ petition, WPMP.No.3133 of 2008 filed by the petitioners for interim relief is disposed of, as infructuous. ____________________________ C.V.NAGARJUNA REDDY,J Dated: 08.02.2008 Dsr