HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27161 of 2011 Date: 24.11.2011 Between: Nagarathnamma ..... Petitioner AND The Land Acquisition Officer, Nandyal, Kurnool District And two others. .....Respondents Counsel for the Petitioner: Sri P.Chandra Mohan Counsel for the Respondents: GP for Land Acquisition The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the inaction of respondent No.1 in referring the dispute to civil Court under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’). The petitioner was the owner of Ac.14.11 cents of land in Survey No.1769/C/A of Owk Village and Mandal, Kurnool District. Out of the said extent of land, an extent of Ac.5.50 cents was acquired under award, dated 18.05.2005. The petitioner has pleaded that he attended the award enquiry on 05.03.2005 and made a request for reference of the dispute to civil Court under Section 18 of the Act, for fixing the correct market value. As the said request was not accepted, the petitioner filed the present Writ Petition for the afore-mentioned relief. A counter-affidavit is filed by respondent No.1, wherein it is, inter alia, stated that the land admeasuring Ac.5-50 cents belonging to the petitioner was acquired for provision of house sites to weaker sections; that after completion of award enquiry, an award was passed on 18.05.2005 fixing Rs.50,000/- per acre as compensation; and that notice under Section 12(2) of the Act was issued and the same was served on the petitioner on 20.05.2005. It is further averred that the petitioner has received compensation, but has not filed any application for reference of the dispute to civil Court and that therefore, there is no occasion for the respondents to refer the dispute to civil Court. Even as per the petitioner’s own pleading, he has raised an objection relating to fixing of compensation during the award enquiry. The petitioner has not pleaded that after the notice was served under Section 12(2) of the Act, he has made any request for reference of the dispute to civil Court. Under Section 18 of the Act, such a request needs to be made by any person interested, who has not accepted the award on any of the aspects mentioned therein including the one relating to the amount of compensation. Under sub-section (2) thereof, any person can file an application in writing for such reference within six weeks of making the award, if the same was made in the presence of that person, and in other cases, within two months from the date of receipt of notice under Section 12(2) of the Act. From the petitioner’s own pleading, no application for reference of the dispute to civil Court was made after the passing of the award. Even if the petitioner has made any such request prior to passing of the award award, the same cannot be treated as valid and no reference under Section 18 of the Act can be made on such request. For the above-mentioned reasons, the petitioner failed to make out any case for grant of relief and the Writ Petition is, accordingly, dismissed. As a sequel to dismissal of the Writ Petition, W.P.M.P.No.33543 of 2011 filed by the petitioner for interim relief is dismissed as infructuous. _____________________________ C.V.NAGARJUNA REDDY, J 24th November 2011 DR