IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 18917 of 2008 Between: 1 Kummiti Chandra Sekharam @ Chandra Sekhara Reddy S/o.Late Muni Reddy R/o.Bakarapet, Proddatur Town, Kadapa District. 2 Utukuru Prabhavathi W/o.Gangi Reddy R/o.D.No.12, Saikrupa Nivas, Sainathapuram Officers' Colony, A.S. Rao Nagar, Hyderabad. ..... PETITIONERS AND 1 The Special Deputy Collector, (Land Acquisition) Galeru Nagari Sujala Sravanthi (GNSS) III, Muddanur, Kadapa District. 2 Kummiti Suseelamma W/o.Late Obula Reddy R/o.Netharapeta Village, Kondapuram Mandal, Kadapa District. 3 Kummiti Kulasekhara Reddy S/o.Late Obula Reddy R/o.Netharapeta Village, Kondapuram Mandal, Kadapa District. 4 Kummiti Rama Subbamma W/o.Late Narayana Reddy R/o.Netharapeta Village, Kondapuram 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 will be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in not disposing oﬀ the petitioners' representation dated 11.08.2008 as per Section 30 of the Land Acquisition Act 1894 as illegal, unjust, arbitrary and against statutory provisions being violative of Land Acquisition Act and consequently direct the 1st respondent to dispose oﬀ the petitioners' representation dated 11.08.2008 by referring the matter to the Civil Court as per Section 30 of the Land Acquisition Act, 1894 in respect of the land of Ac.1.21 cents in Sy.No. 22/7 of Yeturu Village and 3 houses bearing H.No.N-101, N-117 and N-118 situated in Netharpet Village, Kondapuram Mandal of Kadapa District and pass such other order or orders. Counsel for the Petitioners:MR.L.J.VEERA REDDY Counsel for the Respondents : GP FOR LAND ACQUISITION The Court made the following : ORDER: The ﬁrst respondent issued notiﬁcations, dated 28.11.2006 and 13.03.2007, proposing to acquire various extents of land and structures for the purpose of Gandikota Project, Kadapa District. The petitioners state that themselves and respondents 2 to 4 constitute a joint family and certain items of property belonging to the joint family were also notified. Their grievance is that in the award enquiry, the ﬁrst respondent is receiving the claims of respondents 2 to 4 alone, for compensation and not entertaining their claim. Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition for the ﬁrst respondent. The Land Acquisition Act, 1894 (for short “the Act”) prescribes the procedure to be followed in the award enquiry. Wherever there exists any title dispute, the Land Acquisition Oﬃcer has to make a reference under Section 30 of the Act to the civil Court. There is nothing on record to disclose that the claim of the petitioners was rejected by the ﬁrst respondent. Be that as it may, the ﬁrst respondent cannot refuse to take the claim made by the petitioners into account. Ultimately, it is for the concerned parties to work out their remedies in the civil Court, in the event of there being any dispute. Hence, the Writ Petition is disposed of, directing the ﬁrst respondent to take into account the claim of the petitioners also before passing any award, in case it has not been passed as yet. This, however, shall not be treated as adjudication of the entitlement of the petitioners, or other persons, to be paid the compensation. There shall be no order as to costs. ____________________ Dt.01.09.2008 L.NARASIMHA REDDY, J GJ