IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.5777 of 2008 Between: 1 Smt. Suguna Bai, W/o. Late Sathyanarayana Singh, R/o Eligandla village, Dhanwada Mandal, Mahabubnagar District. 2 Ratan Singh, S/o.Late Sathyanarayana Singh, R/o Eligandla village, Dhanwada Mandal, Mahabubnagar District. 3 Ramesh Singh, S/o. Late Sathyanarayana Singh, R/o Eligandla village, Dhanwada Mandal, Mahabubnagar District. 4 Mahesh Singh, S/o.Late Sathyanarayana Singh, R/o Eligandla village, Dhanwada Mandal, Mahabubnagar District. 5 Suresh, S/o.Late Sathyanarayana Singh, R/o Eligandla village, Dhanwada Mandal, Mahabubnagar District. 6 Sudha Rani, D/o.Late Sathyanarayana Singh, R/o Eligandla village, Dhanwada Mandal, Mahabubnagar District. 7 Dinesh Singh, S/o.Late Sathyanarayana Singh, R/o Eligandla village, Dhanwada Mandal, Mahabubnagar District. 8 Harish Singh, S/o.Late Sathyanarayana Singh, R/o Eligandla village, Dhanwada Mandal, Mahabubnagar District. 9 Charan Singh, S/o.Late Sathyanarayana Singh, R/o Eligandla village, Dhanwada Mandal, Mahabubnagar District. ..... PETITIONERS AND 1 The District Collector,Mahabubunagar, Mahabubnagar District. 2 The Joint Collector, Mahabubnagar, Mahabubunagar District. 3 The Revenue Divisional Officer/Land Acquisition Officer, Narayanapet,Mahabubnagar District. 4 Smt.Sobha Rani, W/o.Sayanna, R/o. Eligandla Village, Dhanwada Mandal, Mahabubnagar District. 5 Sri Balaiah, S/o.Samlingam, R/o. Eligandla Village, Dhanwada Mandal, Mahabubnagar District. 6 Smt.Manemma, W/o.Balaiah, R/o. Eligandla Village, Dhanwada Mandal, Mahabubnagar District. 7 Sri Balappa, S/o.Hanumaiah, R/o. Eligandla Village, Dhanwada Mandal, Mahabubnagar District. 8 Sri Balappa, S/o.Kishtappa, R/o. Eligandla Village, Dhanwada Mandal, Mahabubnagar District. 9 Sri Ashok, S/o.Anjaneyulu, R/o. Eligandla Village, Dhanwada Mandal, Mahabubnagar District. 10 Smt.Bharatamma, W/o.Eshwaraiah, R/o. Eligandla Village, Dhanwada Mandal, Mahabubnagar District. .....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 order or direction, more in the nature of Writ of Mandamus, to direct the respondents 1 to 3 to refer the matter under Sections 30 and 31 of the Land Acquisition Act to the Civil Court in respect of settlement of title in respect of dispute of the property acquired in Sy.Nos.160, 175, 177, and 185 situated at Eligandla Village, Dhanwada Mandal,Mahabubnagar District, Which are under acquisition in pursuance of the Notification under Section 4 (1) of the Land acquisition Act, vide proceedings No.F/499/07, dated 19-12-2007, issued by the 3rd respondent (and signed by the respondents 1 and 3 ), which was published in Andhra Jyothi Telugu Daily, Mahabubnagar Editition, dated 14th January, 2008. Counsel for the Petitioners: MR.T.SURYA KARAN REDDY Counsel for the Respondent Nos.1 to 3: GP FOR LAND ACQUISITION Counsel for the Respondent Nos.4 to 10 : None The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.5777 of 2008 ORDER: Petitioners are stated to be owners and possessors of the lands bearing Sy.Nos.160, 175, 177 and 185 situated at Eligandla village of Dhanwada Mandal in Mahabubnagar District. They allege that respondents 4 to 10, claiming to be protected tenants of the said lands, obtained certificates under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy Act, from the third respondent. Challenging the same, petitioners preferred an appeal, being Appeal No.F1/1A 4/07, before the second respondent. While the said appeal was pending, the Government proposed to acquire the said lands and to that effect, notification under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”) was issued on 19.12.2007 showing the names of respondents 4 to 10 as the pattadars and possessors of the said lands. Immediately, thereafter, petitioners stated to have submitted an application to the third respondent on 22.01.2008 seeking a reference to the civil court under Sections 30 and 31 of the Act, but in vain. They apprehend that compensation may be paid to respondents 4 to 10 without referring the matter to the civil court. Hence, they seek a direction to the respondents to refer the matter to the civil court. On the last occasion when the matter was taken up for hearing, the learned Assistant Government Pleader for Land Acquisition took time to get instructions. Today, on instructions, the learned Assistant Government Pleader submits that the dispute is only with regard to showing only the names of respondents 4 to 10 in the notification published under Section 4(1) of the Act and that the acquisition proceedings are at pre-valuation stage and the award has not been passed. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. Having regard to the fact that there is a genuine dispute between the petitioners and respondents 4 to 10 and the matter is pending before the first respondent, compensation in respect of the lands in question shall not be paid pending disposal of the dispute before the second respondent in Appeal No.F1/1A 4/2007. With the observation, the writ petition is disposed of. There shall be no order as to costs. __________ 25.03.2008 sh ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector,Mahabubunagar, Mahabubnagar District. 2 The Joint Collector, Mahabubnagar, Mahabubunagar District. 3 The Revenue Divisional Officer/Land Acquisition Officer, Narayanapet,Mahabubnagar District. 4. 2CCs to 5. 2CD copies