IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 3738 of 2008 Between: 1 Jangalappa S/o Late K. Pentaiah R/o. 8-5-120, Mylardevpally, Rajendernagar Mandal, Ranga Reddy District. 2 Anjaiah S/o. Late K. Pentaiah R/o. 8-5-119, Mylardevpally, Rajendernagar Mandal, Ranga Reddy District. 3 K. Mahesh Kumar S/o. Late K. Pentaiah R/o. 8-5-118, Mylardevpally, Rajendernagar Mandal, Ranga Reddy District. 4 K. Lalitha W/o. Jangalappa R/o. 8-5-120, Mylardevpally, Rajendernagar Mandal, Ranga Reddy District. ..... PETITIONERS AND 1 Government of Andhra Pradesh rep. by its Principal Secretary, Roads & Buildings, Secretariat, Hyderabad. 2 District Collector, Ranga Reddy District at Lakdi-ka-pul, Hyderbad. 3 Special Deputy Collector (Land Acquisition), International Airport, Shamsabad, Ranga Reddy District at Collectorate Complex, Lakdi-ka- pul, Hdyerabad. .....RESPONDENTS Counsel for the Petitioners:MR.K.S.MURTHY Counsel for Respondent No.1: GP FOR ROADS & BUILDINGS Counsel for Respondent Nos.2&3:AGP FOR LAND ACQUISITION The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in taking possession of 350 sq.yards of land in Survey No.126 belonging to petitioner Nos.2, 3 and 4 as against the extent of 67 sq.yards, for which an award was passed, as illegal and arbitrary. The petitioners also sought for declaration that non-payment of compensation in respect of 1889 sq.yards of land in Survey Nos.127 and 131 of Mylardevpally Village, Ranga Reddy District, as illegal. Heard Sri K.S.Murthy, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. At the hearing, learned counsel for the petitioners submitted that the petitioners’ grievance is twofold, namely, though under the acquisition proceedings, 67 sq.yards of land from each of petitioners 2, 3 and 4 was acquired and award was passed in respect of the said acquired land, the respondents are seeking to measure the land after leaving the vacant space belonging to the petitioners and existing in front of their houses and that though there are no rival claims in respect of the extent of 1889 sq.yards of land in Survey Nos.127 and 131, respondent No.3 unjustifiably deposited the amount in civil Court instead of making payment of compensation to the petitioners. Under Section 18 of the Act, if any person, inter alia, raises an objection to the measurement of the land, he is entitled to seek reference of the dispute to the competent civil Court for adjudication. The nature of the dispute raised by the petitioners in this writ petition relates to the method of measurement of the acquired land. I am, therefore, of the view that the petitioners have an alternative remedy by way of seeking reference to civil Court. In this view of the matter, the petitioners are given liberty to make appropriate application to respondent No.3 for reference and on such application being made, the latter shall refer the dispute to competent civil Court. It is made clear that the respondents cannot take possession of the extent of property more than what is actually acquired. With respect to the contention relating to deposit of non-payment of compensation in respect of 1889 sq.yards of land, the petitioners mentioned in the affidavit that the amount was already deposited. A copy of the award is not filed by the petitioners. It is, therefore, not possible for this Court to give any finding on merits with regard to this contention. Since the amount has already been deposited by respondent No.3, the petitioners are given liberty to make appropriate application before the civil Court in which the amounts have been deposited, seeking permission to withdraw the amounts and on such applications being made, the competent civil Court shall dispose of the same expeditiously. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of main petition, WPMP.No.4878 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J 22nd FEBRUARY, 2008 Note: furnish copy in four (4) days. B/o kvni