IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.7517 of 2008 Between: 1 Vontela Jagapathi Reddy S/o Narasimha Reddy 2 Vontela Suguna W/o Jagapathi Reddy (Both are R/o Nedunur Village, Thimmapur Mandal, Karimnagar District.) ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep by its Secretary, Irrigation and command Area Development Department, Secretariat, Hyderabad. 2 The Special Collector, Sriramsagar Project, Karimngar, Karimnagar District.44. 3 The Special Deputy Collector, Land Acquisition Unit, LMD. Colony, 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 an appropriate Writ, order or direction preferably one in the nature of Writ of Mandamus declaring the action of the 3rd respondent herein in not paying the compensation payable to the petitioners on par with other claimants in pursuance of the order dt 8-12-2005 in W.P. No. 17914/2004, as arbitrary, illegal and discriminatory and consequently direct the respondents herein to pay the compensation payable to the petitioners as per the award passed by the respondents pursuant to the said order of this Hon'ble Court by furnishing the copy of the said award forthwith and pass such other or further orders as are necessary. Counsel for the Petitioners: MR.J.KANAKAIAH Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.7517 of 2008 ORDER: Petitioners, who are wife and husband, claim to be the owners of houses bearing D.Nos.1-79, 2-179 and 2-50 situated in Nedunur village of Thimmapur Mandal in Karimnagar District. Their houses were submerged in Lower Maneru Dam constructed at Karimnagar, and therefore, compensation was proposed to be paid to the petitioners, as provided for under the Land Acquisition Act, 1894 (for short “the Act”). Thereafter, an award was passed fixing the compensation. However, petitioners complain that no compensation has yet been paid to them despite the said award. Hence, this writ petition. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. On instructions, the learned Assistant Government Pleader submitted that the daughter-in-law of the petitioners, by name Smt.V.Maduma Reddy W/o Upender Reddy, filed an application stating that she is also entitled to compensation and if the entire compensation is paid to the petitioners, she and her son would be deprived of their right. In view of the said application, compensation is not paid to the petitioners. May be it is true that the said Smt.V.Maduma Reddy made an application objecting payment of compensation to the petitioners. But it does not mean that the respondents can keep the payment of compensation in abeyance. When such an application is received, the only remedy left open to the Land Acquisition Officer is to decide the matter and if ultimately it is found that the applicant is also entitled to compensation, then he has to refer the matter to the civil court under Section 31 of the Act for proper adjudication. Further, from the facts it is clear that the compensation is not yet paid to anybody. Therefore, the Land Acquisition Officer shall decide the issue and refer the matter to the civil court, if necessary. For the foregoing reasons, the writ petition is disposed of directing the 4th respondent-Special Deputy Collector, Land Acquisition Unit, to decide as to whether Smt.V.Maduma Reddy is also entitled to compensation, and if ultimately it is found that she is also entitled to compensation, then he may refer the matter to the Civil Court, as provided for under Section 31 of the Act. The said exercise shall be done within a period of six weeks from the date of receipt of a copy of this order, after giving an opportunity to the petitioners as well as the said Smt.V.Maduma Reddy. With the above directions, the writ petition is disposed of, at the stage of admission. There shall be no order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 1st May 2008 Sh To 1 The Secretary, Irrigation and command Area Development Department, Government of Andhra Pradesh Secretariat, Hyderabad. 2 The Special Collector, Sriramsagar Project, Karimngar, Karimnagar District.44. 3 The Special Deputy Collector, Land Acquisition Unit, LMD. Colony, Karimnagar. 4. Two C.Cs to 5. Two C.D. copies.