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 MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 4615 of 2002 Between: 1 E.Prabhakar Gupta (Died) S/o E. Adiseshaiah Setty Bangalore. 2 E.Bhagyalakshmi W/o Late E.Prabhakar Gupta ITC Wholesale Dealer, Tadipatri, Anantapur Dist. 2 to 6 are brought on record of LR'S of hyderabad petitioner as per court order dt.15302/2003 dt.1.8.2003. 3 E.Sampat Kumar W/o Late E.Prabhakar Gupta ITC Wholesale Dealer, Tadipatri, Anantapur Dist. 2 to 6 are brought on record of LR'S of hyderabad petitioner as per court order dt.15302/2003 dt.1.8.2003. 4 E.Sriramulu W/o Late E.Prabhakar Gupta ITC Wholesale Dealer, Tadipatri, Anantapur Dist. 2 to 6 are brought on record of LR'S of hyderabad petitioner as per court order dt.15302/2003 dt.1.8.2003. 5 Lavanya E.Gupta D/o Late E.Prabhakar Gupta ITC Wholesale Dealer, Tadipatri, Anantapur Dist. 2 to 6 are brought on record of LR'S of hyderabad petitioner as per court order dt.15302/2003 dt.1.8.2003. 6 Savitha Prasad W/o nagendra Prasad & D/o Late E. Prabhakar Gupta ITC Wholesale Dealer, Tadipatri, Anantapur Dist. 2 to 6 are brought on record of LR'S of hyderabad petitioner as per court order dt.15302/2003 dt.1.8.2003. ..... PETITIONER(S) AND 1 District Collector Kurnool, Kurnool Dist. 2 Land Acquisition Officer & REvenue Divisional Officer Adoni, Kurnool Dist. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to declare the action of the 2nd Respondent in rejecting the application made by the petitioner, as illegal by issuance of a Writ, Direction or Order, particularly one in the Nature of Certiorari and consquently direct the 2nd Respondent to make a reference to a competent civil court under section 18 of the Land Acquisition Act with respect to his Award bearing No.1/HS/98 dt.13.5.1998 and pass. Counsel for the Petitioner:MR.R.V.SUBBA RAO Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P.NO.4615 OF 2002 ORAL ORDER The writ petition is filed seeking a direction to the 2nd respondent to refer the petitioner’s dispute as to the compensation as per the award No.1/HS/98 dated.13-05-1998, to the civil Court under Section.18 of the Land Acquisition Act,1894 (for short “the Act”). The petitioner’s land in an extent of Ac.5.59 cents in Sy.No.301/1 in Kosigi village and Mandal, Kurnool District was acquired for providing house sites to weaker sections of people. There was some intermediary litigation, which is not germane for the purposes of this lis. Eventually an award was passed on 13-05-198. The petitioner states that no notice for award enquiry under Section.12(2) of the Act was served on him. However coming to learn about the passing of the award he made an application to the 2nd respondent on 02-06-1998 requesting a reference under Section.18 of the Act since he was aggrieved by the compensation determined in the award. Complaining that the 2nd respondent had failed to refer the matter despite his application in time, the petitioner filed W.P.No.14769 of 2001. The writ petition was disposed on 19-07-2001 directing the 2nd respondent to decide on the petitioner’s application stated to have been made on 02-06-1998, within the stipulated time. On this order of this court the 2nd respondent has issued the order impugned in this writ petition, dated.29-08-2001 stating that the records in the office of the 2nd respondent do not disclose any application having been filed by the petitioner seeking reference under Section.18 of the Act. The order further states that as per the extant practice of the 2nd respondent’s office whenever any petition is filed or any papers are received, the officer concerned will mark his initial on the office stamp affixed to such document/paper. No one has put initial on the application for the Sec.18 reference claimed to have been submitted by the petitioner on 02-06-1998. Alleging that the rejection of his application for reference is arbitrary, the writ petition is filed. The 2nd respondent has filed a counter-affidavit reiterating the circumstances set out in the impugned order. The 2nd respondent further states that all due procedure was followed, notices under Sections.9(1), (3) and 10 of the Act were issued on 21-07-1997 for conduct of the award enquiry, published in the village by beat of tom-tom and by affixing on the notice board of the MRO Office and Gram Panchayat Office. Notices under Section.9(1)(3) and 10 of the Act were also affixed on the residence of the land owner as he was not present in the village; the petitioner has not attended the enquiry and therefore an award was passed on 13-05- 1998. It is further stated that notice under Section.12(2) of the Act was served on the petitioner on 02-06-1998 and the contrary averment in the writ petition is categorically denied. With regard to the application claimed by the petitioner to have been submitted seeking reference, the counter states at para.4 that the initial claimed to have been put on the petition on the date stamp does not belong to any officer of the Land Acquisition Office. It is emphatically stated that none from the 2nd respondent office has put any initial on the petition claimed to have been lodged by the petitioner for reference to the civil court under Section.18 of the Act. The counter was filed in Novermber2004 and the petitioner has not filed any subsequent pleadings contesting the averments in the counter- affidavit. The burden is on the petitioner to establish that he has filed an application and within time. That burden has not been discharged by the petitioner. Hence he is not entitled to any relief. The writ petition is accordingly dismissed. No order as to costs. _________________ GODA RAGHURAM,J 24TH APRIL,2008 TSNR