IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V. ESWARAIAH WRIT PETITION No: 18194 of 2008 BETWEEN: Smt. Bonagiri Manasa, W/o. late laxminarayana, R/o. Padthanpally Village, Mancherial Mandal, Adilabad District, Presently C/o. Gunda Prabhakar, Pegadapally, Hasanparthy Mandal, Warangal district. ... PETITIONER AND 1 The Special Deputy Collector, L.A.Unit, Sripada Sagar Project, Yellampally At Mancherial, Adilabad District. 2 Bonagiri Gangamma, W/o. Ratnaiah, R/o. Padthanpally Village, Mancherial Mandal, Adilabad District. 3 Bonagiri Suchakar, S/o. Ratnaiah, R/o. Padthanpally Village, Mancherial Mandal, Adilabad District. 4 Bonagiri Pramod, S/o. Sudhakar, R/o. Padthanpally Village, Mancherial Mandal, Adilabad 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 more particularly one in the nature of Writ of Mandamus by directing the respondents No.1 to refer the matter to Civil Court under section 30 of L.A. Act of house bearing.No.6-62(old), 1-41, 1-42, 1-43 (New) situated at Padthanpally Village of Mancherial Mandal, Adilabad District for submergence of Sripada Sagar Project pursuant to the 4(1) notification issued by the District Collector, Dated 04-10-2008 and consequently direct the 1st respondent not to pay the determined compensation to the respondent Nos.2 to 4 and further direct to refer the matter to the Civil Court by deposition the total compensation amount in the court in the interest of justice and equity and to pass such other order or orders. Counsel for the Petitioner: MR.A.RAVINDER Counsel for the Respondent No.1: GP FOR LAND ACQUISITION The Court made the following: ORDER: Petitioner seeks a Writ of Mandamus to direct the first respondent to refer the matter to Civil Court under section 30 of Land Acquisition Act, 1894 (for short ‘the Act’) of house bearing.No.6-62(old), 1-41, 1-42, 1-43 (New) situated at Padthanpally Village of Mancherial Mandal, Adilabad District for submergence of Sripada Sagar Project pursuant to the 4(1) notification issued by the District Collector, Dated 04-10-2008 and consequently direct the first respondent not to pay the determined compensation to the respondents 2 to 4. 2. Petitioner submits that her husband and the third respondent are brothers and the house bearing No.1-41 to an extent of 220.78 sq. yards and another house bearing No.6-61(old) about 4 guntas belong to both of them and both of them are having equal shares. She further submits that after the demise of her husband, she is entitled to succeed to the right, interest and share of her husband and insofar as the agricultural land is concerned, which was acquired, to the extent of her share compensation has been paid. Insofar as the two houses are concerned, after receiving the 4(1) Notification the award proceedings are pending. 3. Petitioner further submits that in the 4(1) notification dated 04.01.2008 at Sl.Nos.69, 70 and 71 the names of the respondents 2 to 4 alone have been shown without showing her name, therefore, she filed objections before the Special Deputy Collector/first respondent for taking into account the her interest also while passing the appropriate award. She further submits that without considering the objections and without issuing any notice in the award enquiry, the enquiry is said to have been conducted behind her back. 4. I am not inclined to express any opinion with regard to the right, title of the petitioner and her husband in respect of the said houses as it is for the petitioner to submit appropriate documents/evidence in proof of her contention claiming ½ share right, title in the said houses. 5. Having regard to the facts and circumstances of the case, the first respondent is directed to consider the representation of the petitioner with regard to the passing of the award and thereafter the award may be passed after giving reasonable opportunity to the petitioner as well as the respondents 2 to 4 in accordance with law. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J August 21, 2008 DSK