IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 6793 of 2008 Between: 1 Mohd. Ali, S/o. Mohd. Hussain, R/o. H.No. 9-2-132, Godamgadda, Karimnagar, Karimnagar District. 2 Rahim Ali, S/o. Mohd. Ali, R/o. H.No. 9-2-132, Godamgadda, Karimnagar, Karimnagar District. 3 Smt. Aziza Begum, W/o. Shaik Dawood, r/o. H.No. 9-2-132, Godamgadda, Karimnagar, Karimnagar District. 4 Mohd. Nizamuddin, S/o. Mohd. Ali, r/o. H.No. 9-2-132, Godamgadda, Karimnagar, Karimnagar District. 5 Mohd. Fasiuddin, S/o. Mohd. Ali, r/o. H.No. 9-2-132, Godamgadda, Karimnagar, Karimnagar District. ..... PETITIONER(S) AND 1 The Special Deputy Collector, Flood Flown Canal (SRSP) Land Acquisition, Lower Manair Dam Colony, Karimnagar, Karimnagar District. 2 The Special Collector, LA Sriram Sagar Project, HUDA Complex, Tarnaka, Hyderabad. .....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 issue an appropriate writ order or direction more one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondent in trying to pass an award in favour of third parties without considering our objections and referring to the competent civil court under Section 30 of the Land Acquisition Act as illegal, arbitrary and violative of principles of Natural Justice. Counsel for the Petitioner: MR.R.M.REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{RLD} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in trying to pass an award in favour of third parties without considering the petitioners’ representation nor referring their matter to the competent Civil Court under Section 30 of the Land Acquisition act, 1894 (for brevity “the Act”), as arbitrary and illegal. The petitioners assert they are the absolute owners of various extents of lands situated in Charlavancha village, Sircilla Mandal, Karimnagar District and are in peaceful possession and enjoyment of them. The respondents issued a Notification under Section 4(1) of the Act proposing to acquire the petitioners’ lands and the Land Acquisition Officer also held an award enquiry. Then, the petitioners filed their representation on 10.3.2008 before the 1st respondent-Special Deputy Collector stating that they are also entitled to compensation. Now, their grievance is that the respondents, without considering their representation, are trying to pass an award and disburse the amount of compensation to third parties. Heard Sri R.M.Reddy, learned counsel for the petitioners, the learned Government Pleader for Land Acquisition and perused the material placed on record. Inasmuch as the petitioners submitted their representation, dated 10.3.2008 with regard to their rights and payment of compensation, this Court deems it appropriate to direct the respondents to consider the same and pass appropriate orders if not already considered. Till the representation is decided, no compensation towards acquisition of the lands in question shall be paid to anybody. In terms of the above direction, this writ petition is disposed of. No costs. _______________ 28.03.2008 Note: Furnish copy in three days. B/o bcj