IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14368 of 2008 Between: 1 Shaik Mohammad S/o Late Sattar 2 Abdul Razak S/o late Sattar 3 Abdul Sajjad S/o late Sattar 4 Abdul Sajeet S/o late Sattar All are R/o Plot No. 132, kailashnagar, Adilabad, District Adilabad. ..... PETITIONERS AND 1 The Land Acquisition Officer cum Revenue Divisional Officer, Adilabad. 2 The Executive Engineer I & B Division, Nirmal, District Adilabad. 3 Mukkera Kishtanna S/o late mallesh r/o Kuchlapur Village, Mandal Talamadugu, District Adilabad. 4 Mukkera Ranveer S/o Late Narayana r/o Kuchlapur Village, Mandal Talamadugu, District Adilabad. .....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, more particularly in the nature of Writ of mandamus, directing the respondent No.1herein to pay the compensation, with incidental benefit according to the mandatory provisions of L.A. Act to the petitioners herein, for acquired land to the total extent of 09acres 39 guntas, out of 18 acres 15 guntas situated in sy. no. 71/A(71/2 ) of Palsi (K) Village, Mandal Talamadugu, District Adilabad, as per the Notification issued by the respondent No.1 vide B. No. 1348/2007, dated 16-11-2007, and further direct the respondent No.2 to pay the said compensation to the total effected land of 18 acres 15 guntas, in the said acquisition, and declare the action of respondent No.1 in not considering our representation for payment of entire compensation to us or to refer the matter before the competent Civil court is illegal, arbitrary, violative of Article 14, 21 of the Constitution of India, and as well as article 30 & 31 of the L.A. Act. Counsel for the Petitioners: MR.S.CHANDRASEKHAR Counsel for the Respondents: GP FOR LAND ACQUISITION The court made the following: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14368 of 2008 ORDER: The lands situated in Survey No.71/2 of Palsi (K) Village, Talamadugu Mandal, Adilabad District, were acquired under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’) for public purpose, namely, formation of a tank. The notification under Section 4(1) of the Act was published on 16.11.2007 followed by declaration under Section 6 of the Act, dated 18.12.2007. The petitioners herein claim to be the pattadars of the lands in question. This writ petition is filed alleging that at the instance of the respondents 3 and 4, who are the cultivators of the lands in question, the first respondent-Land Acquisition Officer, is likely to pass an award granting entire compensation in favour of the respondents 3 and 4. Hence, a writ of Mandamus is sought directing the first respondent to pay compensation to the petitioners herein for the acquired lands. The learned Government Pleader for Land Acquisition, under instructions, stated that no award has been passed by the first respondent as on today. However, it is stated that the respondents 3 and 4, whose names are shown as cultivators, have given their consent for the compensation determined and that the petitioners herein failed to participate in the award proceedings. Having regard to the facts and circumstances of the case, and particularly keeping in view the fact that the names of the petitioners as well as the respondents 3 and 4 were shown as the persons interested in the notification published under Section 4(1) of the Act, I am of the opinion that in case the petitioners herein are not willing to accept the award, it is for the first respondent to make a reference as required under Sections 18 or 30 of the Act. The learned counsel for the petitioners stated that the petitioners have already made a representation, dated 22.01.2008. If that be so, there shall be a direction to the first respondent to consider the said representation of the petitioners, dated 22.01.2008, and take necessary further steps, following due process of law. The writ petition is accordingly disposed of. No costs. _________________ 14.07.2008 Note: Issue CC in three days. (b/o) VGB