HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23429 of 2010 Date: 27.10.2011 Between: Gaddamedi Yadaiah ..... Petitioner AND: The District Collector, Ranga Reddy District, Hyderabad and three others. .....Respondents Counsel for the Petitioner: Sri K.Laxmaiah For Sri V.Brahmaiah Chowdary Counsel for Respondent Nos.1 to 3: GP for Land Acquisition Counsel for Respondent No.4: Sri Avancha H.Chakravarthy The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.1 to 3 in seeking to disburse the compensation amount to respondent No.4 in respect of land admeasuring Ac.5-00 cents in Survey No.58 of Ibrahimpatnam Village and Mandal, Ranga Reddy District, as illegal and arbitrary. I have heard Sri K.Laxmaiah, learned counsel for the petitioner, learned Government Pleader for Land Acquisition representing respondent Nos.1 to 3 and Sri Avancha H.Chakravarthy, learned counsel for respondent No.4. The father of the petitioner and the husband of respondent No.4 claimed to be the brothers. It is the pleaded case of the petitioner that in respect of the property admeasuring Ac.5-00 cents, which is acquired by respondent Nos.1 to 3, an Exchange deed was executed between him and the husband of respondent No.4 on 15.06.1998 and that, in pursuance thereof, the petitioner was in exclusive possession of the said property. The petitioner has filed the Claim Petition before respondent No.2 for payment of compensation. However, by award, dated 31.07.2010, passed by respondent No.2, his claim was not accepted and the award was passed in favour of respondent No.4. At the hearing, learned counsel for the petitioner submitted that on the strength of the Exchange deed, his client is the absolute owner of the land under acquisition and therefore, respondent No.2 has committed an illegality in awarding compensation in favour of respondent No.4. Learned counsel for respondent No.4 submitted that the property under acquisition was an assignment made by the Bhoodan Yagna Board in favour of the husband of respondent No.4 and that, such a property is non- transferable. He further submitted that the purported Exchange deed, dated 15.06.1998, is admittedly unregistered and not properly stamped and therefore, no title has passed to the petitioner. Learned Government Pleader for Land Acquisition representing respondent Nos.1 to 3 sought to support the award passed by respondent No.2. I have carefully considered the submissions of the learned counsel for the parties and perused the record. I am of the opinion that there is a dispute over title in respect of the acquired property. Prima facie, the document which is purportedly an Exchange deed does not convey title to the petitioner. Even though, specific reasons have not been assigned by respondent No.2 in his award, it is, however, stated that the objection petitioners including the petitioner herein have not filed valid documentary evidence in support of their respective claims. As no document, showing substantial title over the property which is acquired, executed in accordance with law is put forth by the petitioner before respondent No.2, his decision to award compensation in favour of respondent No.4 cannot be found fault with. If the petitioner feels aggrieved by the denial of the compensation, the appropriate remedy at this stage for him is to approach the civil Court of competent jurisdiction and seek declaration of his title over the property in question and his right to receive compensation. In the absence of any documentary evidence, which, prima facie, shows the petitioner’s title over the acquired property, I am not inclined to give a direction to respondent No.2 to refer the petitioner’s claim to the civil Court under Section 30 of the Land Acquisition Act, 1894. Subject to the liberty given to the petitioner as above, the Writ Petition is dismissed. As a sequel to dismissal of the Writ Petition, W.P.M.P.No.29972 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. _________________________ C.V.NAGARJUNA REDDY, J 27th October 2011 DR