The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.20700 of 2011 Date: 29.10.2011 Order: This Writ Petition is filed for a Mandamus to declare the inaction of respondent Nos.1 to 3, in referring the dispute regarding payment of compensation, in respect of the properties notified for acquisition under Reach No.3 (RK-1265 to RK-1272) of RS Kondapuram Village and Mandal, Kadapa District, under Section 30 of the Land Acquisition Act, 1894 (for short ‘the Act’), in pursuance of notification, dated 01-10-2007, issued under Section 4 (1) of the Act, as illegal and arbitrary. I have heard the learned Counsel for the petitioner, the learned Assistant Government Pleader for Land Acquisition, representing respondent Nos.1 to 3, and Smt.P.Rajani Reddy, learned Counsel, representing respondent Nos.4 to 11. The petitioner averred that he has purchased an extent of Ac.1-20 cents in Survey No.121/2 of Obannapet Village fields of Kondapuram Town and Mandal, on 25-11-1993, under registered sale deed from its lawful owner. He has further averred that he has purchased another extent of Ac.2-00 in Survey No.121/1 by way of another registered sale deed and that this property is adjacent to Survey No.121/2 wherein he has established two oil mills; that, in the year 2004, respondent Nos.4 to 11 started construction of pucca houses with the help of A.P.Housing Corporation, Kadapa Branch, over the petitioner’s property in Survey No.121/1; that the petitioner filed OS.No.62 of 2005 in the Court of the learned Junior Civil Judge, Jammalamadugu, for declaration of his title and mandatory injunction against certain third parties, who were impleaded as defendant Nos.2 to 6 therein; that the above-mentioned lands were notified for acquisition for the purpose of construction of Gandikota reservoir; that the petitioner approached respondent Nos.2 and 3 with the claim that the said properties belong to him and that, without verifying the title over the property, notification under Section 4 (1) of the Act was issued on 01-10-2007 showing the names of respondent Nos.4 to 11 as owners of the said property. The petitioner further averred that respondent No.3 has already passed an award and is ready to disburse the amounts to respondent Nos.4 to 11. Therefore, he filed the present Writ Petition. Respondent Nos.4 to 11 filed a counter-affidavit wherein they have claimed right and possession over the properties under acquisition. No counter-affidavit is filed on behalf of the official respondents. At the hearing, the learned Assistant Government Pleader for Land Acquisition, on instructions, submitted that, so far, respondent No.3 has not passed an award and that the claim made by the petitioner is pending before respondent No.3. She further submitted that respondent No.3 will consider the respective claims of the petitioner and respondent Nos.4 to 11 and take a decision as to the persons, who are entitled to receive compensation, while passing award under Section 30 of the Act. She further stated that respondent No.3 will, strictly, act in accordance with Sections 30 and 31 of the Act. In the light of the above-submission of the learned Assistant Government Pleader for Land Acquisition, the Writ Petition is disposed of with the direction to respondent No.3 to give an opportunity of personal hearing to the petitioner and respondent Nos.4 to 11, consider the documents filed by them and take a decision as to the persons, who are entitled to receive the compensation under Section 30 of the Act. In the event an award is made in favour of either of the parties, in view of the existence of title dispute, he shall deposit the compensation under Section 31 of the Act before the competent civil Court for eventual adjudication by the Court. Respondent No.3 shall complete the process of passing the award within a period of one month from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. As a sequel, WVMP.No.3546 of 2011 and WPMP.No.25139 of 2011 are disposed of as infructuous. ________________________ (C.V.Nagarjuna Reddy, J) 29th October, 2011 LUR