IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 20235 of 2007 Between: Varna Aga Reddy, S/o. Late Varna Malla Reddy, R/o. Nedunur Village, Thimmapur Mandal, Karimnagar District. ..... PETITIONER AND 1 The Special Deputy Collector (LA unit), SRSP, L.M.D. Colony, Karimnagar. 2 Sri Varna Anantha Reddy, s/o. Late Varna Malla Reddy, r/o. H.No. 8-4-614, Near Hanuman Temple, Hanuman Nagar, Ganeshnagar, Kaman Road, Karimnagar. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue any appropriate writ, order or direction preferably a Writ in the nature of Writ of Mandamus directing the 1st Respondent to consider and dispose of the applications dated 25-5- 2007 and 25-6-2007 for payment of 60% of compensation in respect of the House bearing No. 2-23/A, Project No. 341 located in Sy.No. 623 at Sl.No. 158 situated at Nedunoor Village, Thimmapur Mandal, Karimnagar District or alternatively to refer the matter under section 30 or under section 18 of the Land Acquisition Act to the Civil Court after passing of the award for adjudicating the issue involved with regard to entitlement of compensation by the competnet civil court by depositing in the civil Court and pass such further or other orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.RAVI KIRAN RAO Counsel for Respondent No.1: GP FOR LAND ACQUISITION Counsel for Respondent No.2: The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.20235 of 2007 ORDER: The writ petition is filed seeking a Mandamus to direct the 1st respondent-Special Deputy Collector (Land Acquisition Unit), SRSP, L.M.D.Colony, Karimnagar, to consider and dispose of the applications, dated 28.05.2007 and 25.06.2007, submitted by the petitioner for payment of 60% out of the compensation to be awarded for acquisition of the house bearing No.2-23/A Project No.341 located in Sy.No.623 at Sl.No.158 situated at Nedunoor village, Thimmapur Mandal, Karimnagar District, or alternatively to refer the matter under Section 18 or 30 of the Land Acquisition Act to the Civil Court, after passing of the award. According to the petitioner, himself and his brother, the 2nd respondent, are the joint owners of the house bearing No.2-23/A Project No.341 located in Sy.No.623 at Sl.No.158 situated at Nedunoor village, Thimmapur Mandal, Karimnagar District, as he contributed 60% out of the expenditure incurred towards the construction of the said house, whereas his brother incurred 40% of the same. It is his case that an unregistered settlement deed, dated 08.06.1992, was got executed with regard to his entitlement of 60% share in the said house and 40% share by his brother. While that being so, since the house in question was coming under the submergence of Lower Manair Reservoir needed for public purpose, a notification, under Section 4(1) of the Land Acquisition Act (for short ‘the Act’), to that effect was issued by the Government proposing to acquire the said house and in the said notification, the name of the 2nd respondent alone is mentioned as the owner/possessor in respect of the said house. The grievance of the petitioner is that in response to the award enquiry notice, dated 17.05.2007, issued by the 1st respondent, he submitted a claim petition, dated 28.05.2007, as well a representation, dated 25.06.2007, to the 1st respondent requesting to pay him 60% out of the compensation amount to be awarded in respect of the house in question, but the same have not been acted upon, and the present writ petition is filed at the time when the petitioner came to know that the award was going to be passed in favour of the 2nd respondent alone. This Court, on 24.09.2007, directed the 1st respondent not to disburse the compensation amount, if an award is passed in respect of the house in question. Learned counsel appearing for the 2nd respondent strenuously contended that except the petitioner producing the unregistered partition deed purported to have been executed between the parties herein, absolutely, no evidence has been placed by the petitioner either before the Land Acquisition Officer or before this Court to come to a prima facie conclusion that the petitioner is entitled for 60% of the compensation payable in respect of the house in question. In the circumstances, without expressing any opinion on merits, the 1st respondent is directed to issue notices to the petitioner as well as the 2nd respondent and decide the matter as to whether the petitioner is entitled for 60% of the compensation payable in respect of the house in question and pass appropriate orders, after affording an opportunity of hearing to both parties and also permitting them to lead evidence if necessary, within a period of six weeks from the date of receipt of a copy of the order. Till such time, status quo obtaining as on today shall be maintained. The writ petition is, accordingly, disposed of. No order as to costs. _____________ C.V.RAMULU,J 27.01.2009 Note: Furnish CC in three days B/o v v