THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.3020 of 2003 Dated:06.02.2008 Between: Enamala Lakshmanna, And another. …Petitioners and The District Collector, Kurnool District, and another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.3020 of 2003 ORDER: The second petitioner is the wife of the first petitioner. They are statedly owners of land admeasuring Acs.2.00 each in Survey No.542/2B situated at Moolasagaram Village of Nandyal Mandal in Kurnool District. This land was acquired by the respondents for erecting the Substation. An Award was passed on 23.12.1995. The Land Acquisition Officer (LAO) awarded Rs.72,000/- per acre. Not satisfied with the same, they allegedly submitted an application before the second respondent seeking reference under Section 18 of the Land Acquisition Act, 1894 (the Act, for brevity). Even before the same could be considered, it appears, the Award was referred to the Court of the Senior Civil Judge, Nandyal, under Section 31(2) of the Act. Ultimately, the same was disposed of on 01.09.2005 in favour of the petitioners. Even thereafter, a reference was not made to the civil Court, aggrieved by which, the present Writ Petition is filed. Learned Assistant Government Pleader opposing the Writ Petition submits that when a reference under Sections 30 and 31(2) of the Act is pending before the civil Court, notice of Award under Section 12(2) of the Act cannot be given and that such notice can be given only after disposal of the O.P under Section 30 of the Act. Even if legal position is argued to be correct, which appears to be, prima facie, not correct, O.P was disposed of on 01.09.2005, and therefore, respondent No.2 ought to have referred the matter to civil Court. A counter affidavit is not filed, and the learned Assistant Government Pleader submits that when he received instructions from the second respondent the O.P was pending. It is brought to the notice of this Court that as the said O.P.No.3 of 1997 was disposed of by the Court of the Senior Civil Judge on 01.09.2005, there cannot be any impediment for the second respondent to refer the matter to the civil Court. The question whether notice under Section 12(2) of the Act is mandatory even while O.P under Sections 30 and 31(2) of the Act is pending is left open to be decided in appropriate case. In the result, the Writ Petition is disposed of directing the second respondent to refer the Award under which petitioners’ land was acquired to the civil Court under Section 18 of the Act within a period of three months from the date of receipt of a copy of this order. Liberty is given to the petitioners to place a copy of the application before the second respondent. No costs. ____________ (V.V.S.RAO, J) 06.02.2008 vs