IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.19201 of 2009 BETWEEN: B.Ramesh Kumar .. Petitioner AND The Land Acquisition Officer and Special Deputy Collector (LA), Unit-V, Outer Ring Road (ORR), HUDA Complex, Tarnaka, Hyderabad (presently, Hyderabad Metropolitan Development Authority, Begumpet, Secunderabad) and others .. Respondents ORDER: This Court ordered notice before admission on 14.09.2009. Respondent No.1 filed counter affidavit. The Writ Petition is filed for a Writ of Mandamus or any other appropriate writ declaring that the action of the respondents in not referring the request of the petitioner for enhancement of the Land Acquisition Compensation Amount under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) contained in the representation of the petitioner, dated 31.08.2008 connected to the notice of award, dated 06.08.2008 and award No.20, dated 25.07.2008, is arbitrary and illegal and consequently direct the respondents to refer the claim of the petitioner for enhancement of the Land Acquisition Compensation Amount to the Civil Court pursuant to Award No.20, dated 25.07.2008 and notice of award contained in Lr.No.LA/Unit-V/23/06, dated 06.08.2008, in terms of the representation of the petitioner, dated 31.08.2008 (acknowledged by the first respondent on 15.09.2008) and grant such other relief as it deems fit and proper in the circumstances of the case. Several facts are narrated in the affidavit filed in support of the Writ Petition. In the counter affidavit filed by respondent No.1, it is stated that the Draft Notification was published for Sy.Nos.36, 45, 46, 47, 48 and 50 measuring Acs.36.36 guntas in Gazette ORR No.123, dated 08.07.2005 and Draft Declaration was published for Sy.Nos.33, 36 and 47 admeasuring Acs.5.10 guntas in Gazette ORR No.95, dated 12.07.2006. Accordingly, the award has been passed on 25.07.2008 in which an extent of Acs.3.30 guntas under general award and an extent of Acs.1.20 guntas under consent award, total extent comes to Acs.5.10 guntas. The general award passed under Section 11 of the Act pertains to Sy.No.33 to an extent of Acs.3.11 guntas in the name of Sri B.Ramesh Kumar, S/o.B.S.R.S.V.Prasad for an amount of Rs.19,57,140/-. Accordingly, 12(2) notices have been served through registered post on 12.08.2008. The cheque bearing No.044208, dated 28.07.2009 for an amount of Rs.19,57,140/- in the name of the awardee is obtained from Accounts Section, but he had not taken the cheque till today. As such, the first respondent thought that if he receives the cheque, they may refer the matter to the civil Court along with acquaintance. He has submitted the petition under Section 18 of the Act on 15.09.2008, as such, the petition was referred to the civil Court on 21.09.2009. In the light of the specific stand taken by the first respondent, no further orders need be passed in this Writ Petition and it is needless to say that the petitioner is at liberty to receive the said amount, if he is so advised. Accordingly, the Writ Petition is closed. No costs. _________________ P. S. NARAYANA, J 8th October 2009 KH