IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 23061 of 2007 Between: Pucha Sanjeeva Reddy S/o.Obul Reddy, Hindu R/o. Agadur Village and Post, Thondur Mandal, Kadapa District. ..... PETITIONER AND 1 The Special Deputy Collector, (Land Acquisition) Galeru Nagari Sujala Sravanthi Undit-2 Office at Yerramukkapalli, Kadapa Town and District. 2 P.Lakshmi Devi W/o.Ravindra Naidu, Hindu R/o. Madannagaripalli Village, Muddanur Mandal,a Kadapa 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 will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st Respondent in not referring the dispute regarding the entitlement to the compensation awarded under Land Acquisition Act 1894 to Civil Court in pursuance to the enquiry conducted by the 1st Respondent in her reference B/13/06 dt.18-10-2007 in respect of 2-26 acres of land in Sy.no. 231/2 of Kolavali Village in Muddanur Mandal of Kadapa District as per Section 30 of the Act as illegal, unjust arbitrary and against statutory provisions being violative of Land Acquisition Act and consequently direct the 1st Respondent to refer the matter to Civil Court in respect of the dispute regarding the land of 2.26 acres in Sy.No.231/2 of Kolavali Village in Muddanur Mandal of Kadapa District with further direction not to pay the compensation for the land to the 2nd Respondent and pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: MR.L.J.VEERA REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 23061 of 2007 O R D E R: This writ petition is ﬁled seeking a declaration that the action of the ﬁrst respondent-Land Acquisition Oﬃcer in not referring the dispute to the civil Court regarding entitlement to the compensation awarded under the Land Acquisition Act, 1894 relating to Ac.2.26 cents of land situated in Sy.No.231/2 of Kolavali village, Muddanur Mandal, Kadapa District is illegal and arbitrary. I have heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the ﬁrst respondent and the learned counsel for the second respondent, who also made a claim for compensation for the land in question. Learned Government Pleader under instructions stated that so far no award has been passed by the ﬁrst respondent and as a matter of fact, on the basis of the representation made by the second respondent, the ﬁrst respondent by notice dated 18-10-2007 called both the petitioner and the second respondent to appear before him for enquiry into the dispute. Having regard to the facts and circumstances, without expressing any opinion as to the rival claims made by the petitioner and the second respondent and keeping in view that the matter is pending consideration before the ﬁrst respondent, the writ petition is disposed of leaving it open to the petitioner as well as the second respondent to appear before the ﬁrst respondent and make their claims supported with the documentary evidence, if any. The ﬁrst respondent shall issue due notice to both the parties within a period of four weeks from the date of receipt of a copy of this order and thereupon after conducting necessary enquiry pass appropriate orders following due process of law. No costs. ______________ G. ROHINI,J Date: 28-08-2008 KLP