THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8183 OF 2007 DATED:07.07.2010 Between: Mohd. Zaheera and others .. Petitioners And The District Collector (Land Acquisition), Nalgonda District and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8183 of 2007 ORDER: The land admeasuring Acs.2.00 in Survey No.292 of Mukundapuram Village, Noothankal Mandal in Nalgonda District belonging to one Mohd.Sikinder was acquired under award No.A/214/86, dated 19.10.1987. The land was acquired for the purpose of providing house site pattas to the weaker sections. The Land Acquisition Officer (LAO) sent notice, dated 19.10.1987, to Mohd.Sikinder. As he was not present in the village allegedly it was affixed to the door of the house. Be that as it is, on 11.07.1990, he made an application to the LAO requesting to pay compensation. The compensation was paid on 16.08.1993. Three days thereafter, he made an application under Section 18 of the Land Acquisition Act, 1894 (the Act) requesting to refer the matter to civil Court for determining the compensation. By communication, dated 08.12.1993, he was informed that his request for reference cannot be acceded to as the same is beyond time stipulated under Section 18(2) of the Act. In 2005, Mohd.Sikinder died. This Writ Petition is filed by wife and three children of Mohd.Sikinder on 18.04.2007 – after lapse of 14 years from the date of application under Section 18 of the Act and after lapse of 20 years of the award – seeking a writ of Mandamus for declaration and direction to refer the matter to the civil Court. This Court heard counsel for the petitioners and the Assistant Government Pleader for Revenue (Land Acquisition). Counter affidavit is not filed but the Assistant Government Pleader has produced the file and made submissions. Counsel for petitioners relies on the aquittance given by Mohd.Sikinder at the time of accepting an amount of Rs.11,040/- towards compensation on 16.08.1993. According to him, the compensation was paid and the same was received under protest and therefore, the application made by Mohd.Sikinder on 19.08.1993 is within time. This is refuted by the Assistant Government Pleader, who relies on the notice dated 19.10.1987 under Section 12(2) of the Act. Alternatively, it is submitted that even according to the petitioners, Mohd.Sikinder made an application on 11.07.1990 and at least the application ought to have been made within the period stipulated under Section 18(2)(b) of the Act. This Court has perused the file. The copy of the notice dated 19.10.1987 under Section 12(2) of the Act and the copy of the application made by Mohd.Sikinder on 11.07.1990 would evidence that a notice was being issued to the owner of the land. Even if he had no knowledge, as an application seeking payment of compensation was made on 11.07.1990, as per Section 18(2)(b) of the Act, as amended by the Andhra Pradesh Amendment Act 20 of 1959, an application seeking compensation ought to have been made within two months thereafter i.e., on 10.09.1990. Curiously, the application was made on 19.08.1993 and the same was rejected by the LAO on 08.12.1993. Further more, he did not immediately approach this Court challenging the rejection order. After his death also, his legal heirs took almost seven years to file this case. This Court is convinced that this is a speculative case without any merit and the impugned order does not suffer from any illegality or irregularity. The Writ Petition, with the above observation, is dismissed. There shall be no order as to costs. ______________ (V.V.S. RAO, J) 07.07.2010 KH