IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 6896 of 2001 Between: 1. P. Surya Prakash Rao, S/o.Chokka Rao, R/o.Hazipur Village of Mancherial Mandal, Adilabad District. (Died per LRs) 2. Smt. P. Swaroopa, W/o late P. Surya Prakash Rao, aged 48 years, Occ: Household. R/o Ramanthapur, Hyderabad. 3. Radhika, D/o late P. Surya Prakash Rao, aged 30 years, Occ: household. R/o Ramanthapur, Hyderabad. (Petitioners 2 and 3 are added as LRs of deceased 1st petitioner as per Court Order dated 22.12.2008 in WPMP No. 36458 of 2008) ..... PETITIONERS AND The Revenue Divisional Officer (LAD) Mancherial, Adilabad District. .....RESPONDENT 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 Writ or direction more particularly one in the nature of Writ of Mandamus by declaring the impugned action of the respondent in not awarding 12% of additional market value from date of taking of possession of the acquired lands i.e. Feb 1987 till the date of passing of the Award U/s.23(1A) of L.A. Act and not granting 9% from 1987 to 1988 and 15% interests from 1988 to the date of passing of the award i.e.3.5.1999 U/s.34 of L.A. Act and not referring the Award to Civil Court U/s.18 of L.A. Act as arbitrary and illegal and contrary Sec.23(1A) and Sec.34 of L.A. Act and contrary to the law laid down by t h e Hon'ble Supreme Court and violative of Art.21 and 300A of Constitution of India and further may be pleased to direct the 1st respondent to award 12% additional market value from Feb 1987 to 3.5.99 U/s.23(1A) of L.A. Act and grant 9% from Feb 1987 to Feb 1988 and 15% from Feb 1988 to 3.5.99 and further may be pleased to direct the 1st respondent to refer the award vide proceedings No.A/567/92, dt;3.5.99 to the Civil Court U/s.18 of L.A. Act and pass. Counsel for the Petitioner: MR.J.ASHVINI KUMAR Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No. 6896 of 2001 Order: The controversy in this writ petition relates to the question whether or not the petitioner had made an application, seeking reference under Section 18 of the Land Acquisition Act, within time. While, initially, the respondents contended that no such application had been made, on being pointed out that the letter addressed by the petitioner to the Revenue Divisional Officer dated 15.06.1999, contains an endorsement of the office of the Revenue Divisional Officer dated 16.06.1999, the learned Government Pleader for Land Acquisition sought time to obtain instructions. Today, Learned Government Pleader would, on instructions, submit that, on verification of the inward register, it was noticed that the petition has been received in the inward section by the Record Assistant, namely Sri G. Bheemaiah, who had acknowledged the petition on 15.06.1999 and handed over the same to Sri S. Ramesh, Senior Assistant, who was dealing with the land acquisition section at that time, that Sri S. Ramesh, having received the application, had acknowledged the same and put his signature on 16.06.1999 in the inward register, but the said application has not been brought on record in the connected file. In view of the submissions made by the learned Government Pleader on instructions, and as it is now acknowledged that the reference has been sought by the petitioner within time, the respondents shall examine the application in accordance with law and, if found to be in compliance with the statutory provisions, to make a reference to the Civil Court within three months from the date of receipt of a copy of this order. Needless to state that, in case a reference is made, it is always open to the petitioners herein to raise all such contentions as are available to them in law. The writ petition stands disposed of accordingly. No costs. __________________________ RAMESH RANGANATHAN, J. Date: 25.03.2009 Nsr