IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.24570 of 2007 Between: Marthala Rami Reddy, s/o Ramaiah @ Rami Reddy, Dorasanipalli village, Proddatur Mandal, Kadapa District. ... PETITIONER AND 1. The Special Deputy Collector, (LA), P.B.C./M.R.C. Kadapa. 2. Pathakota Ramulamma, w/o Rama Swamy Reddy, Dorasanipalli village, Proddatur Mandal, Kadapa District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ, order or direction particularly writ of mandamus directing first respondent not to pay the compensation amount of Rs.56,511/- to second respondent in respect of the disputed land in S.No.82/1 extent Ac.2.12 cents of Dorasanipalli village, Proddatur Mandal acquired for B.G. line from Yerraguntla to Nandyal and to refer the dispute to the Court of the Senior civil Judge, Proddatur under Section 30 Land Acquisition Act to adjudicate the title dispute and then pay to the eligible claimants and to pass such other orders. Counsel for the Petitioner: Mr. M. N. NARASIMHA REDDY Counsel for the Respondent No.1: GP FOR LAND ACQUISITION The Court made the following: ORDER: - This writ petition is filed seeking a mandamus to direct first respondent not to pay the compensation amount of Rs.56,511/- to second respondent in respect of the disputed land, in an extent of Acs.2-12 cents in S.No.82/1 of Dorasanipalli village, Proddatur Mandal, acquired for B.C. line from Yerraguntla to Nandyal, and refer the dispute to the Court of Senior Civil Judge, Proddatur under Section 30 of the Land Acquisition Act, 1894 (for short, ‘the Act’) to adjudicate the title dispute and then pay the compensation to the eligible claimants. 2. The facts are not in dispute. An extent of Acs.2-12 cents in S.No.82/1 of Dorasanipalli village of Proddatur Mandal was acquired under the provisions of the Act and an award was also passed fixing the compensation at Rs.56,511/-. The petitioner as well as second respondent belongs to Marthala family. As to whether there is a partition and whether the petitioner is entitled to 1/4th share from out of the said amount of compensation and the other two brothers, who are not parties in this writ petition, are entitled to 1/4th share each, is a matter to be decided by the Land Acquisition Officer, who is arrayed as first respondent under Section 30 of the Act. As the petitioner got issued a legal notice on 27- 08-2007, first respondent is hereby directed to treat the said notice as an application given by the petitioner and hold an enquiry into the said dispute as provided for under Section 30 of the Act. It is needless to observe that the Land Acquisition Officer shall afford an opportunity to the petitioner and second respondent and decide as to whether there is a dispute with regard to the title and if ultimately he is satisfied that there is a genuine dispute between the petitioner and second respondent, he may refer the matter to the competent Civil Court under Section 30 of the Act. 3. Accordingly, the writ petition is disposed of. No order as to costs. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.24-04-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Special Deputy Collector, (LA), P.B.C./M.R.C. Kadapa. 2. 2CCs to 3. 2CD copies Form-NIC-OGS/WP{TRK}