IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No.7142 of 2008 Dated 07.02.2011 Between: Mudam Ashaalu …..Petitioner And The District Collector, Adilabad District at Adilabad & Others …..Respondents THE COURT MADE THE FOLLOWING: THE HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.No.7142 of 2008 ORDER The petitioner claiming a right to receive half of the compensation amount awarded for the acquired land, has filed this writ petition to declare the action of the respondents No.1 to 3 in seeking to pay the entire amount to the 4th respondent, as illegal. Heard Sri K.B.Ramanna Dora, learned counsel for the petitioner; learned Government Pleader for Land Acquisition appearing for respondents No.1 to 3; and Sri P.Devinder, learned counsel for 4th respondent. The petitioner and the 4th respondent are brothers. Their father one Ramaiah was the absolute owner and pattadar of agricultural land admeasuring an extent of Ac.6-36 guntas situated in Survey No.28/B of Thallapally Village, Mancherial Mandal, Adilabad District and also a house properties bearing H.No.2-82 and 2-85 of the same village. The said property was acquired under the provisions of the Land Acquisition Act for the purpose of open cast mine of the Singareni Collieries Company Limited. In the notification proposing to acquire the said property, the name of the 4th respondent alone was notified. However, award enquiry was conducted on 15.10.2007 by issuing notices to both the petitioner and the 4th respondent, as well. The petitioner submitted a petition, objecting to the payment of the entire compensation to the 4th respondent. It is stated that the Award enquiry was completed and draft Award was submitted to the Collector for approval. Apprehending that the respondents No.1 to 3 might ignore the objections of the petitioner and pay the entire compensation to the 4th respondent alone, this writ petition has been filed for the aforesaid relief. Admittedly, the petitioner is the brother of the 4th respondent and he filed his objections during the award proceedings claiming half of the compensation amount. He has filed a suit O.S.No.555 of 2008 on the file of the Junior Civil Judge at Mancherial seeking his share of compensation in the acquired land. Nonetheless the learned counsel for the 4th respondent submits that partition was effected between the brothers long back and the entire acquired land fell to his share to the exclusion of the petitioner. He, therefore, submits that notwithstanding the objection and the suit, the 4th respondent alone is entitled for the entire compensation. He further submits that in any event, the petitioner would be entitled to only half of the share and in such an event, he is not justified in opposing the payment of the remaining share to the 4th respondent. I am not inclined to express any opinion on the merits of the case. However, by virtue of the suit filed by the petitioner and his objections filed before the Land Acquisition Officer, evidently right of the petitioner vis-à-vis the right of the 4th respondent is in dispute. That being so, it is not appropriate to release the entire amount of compensation in favour of the 4th respondent. As fairly submitted by the learned counsel for the 4th respondent, the petitioner may at the most succeed to the extent of half of the amount, as such he cannot have any objection for the release of the remaining half amount in favour of the 4th respondent. In the circumstances, the following order is passed: (i) The respondents No.1 to 3 are at liberty to release half of the compensation amount to the 4th respondent without any security; (ii) The 3rd respondent is directed to deposit the balance half amount in the concerned Civil Court and refer the matter for adjudication under Section 30 of the Land Acquisition Act. The writ petition is, accordingly, disposed of as above. No costs. ______________________ JUSTICE NOUSHAD ALI Date: 07.02.2011 Tjmr THE HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.NO. 7142 OF 2008 DATE: 07.02.2011