THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.23490 of 2010 DATED:23.12.2010 BETWEEN: CHINNAMNAGONDA KANAKAIAH. …PETITIONER. AND: THE STATE OF A.P REP BY ITS DISTRICT COLLECTOR, PRAKASAM DISTRICT & OTHERS …RESPONDENTS. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.23490 OF 2010 ORDER: - This writ petition is filed by the petitioner seeking for a writ of mandamus to declare the action of respondents-1 to 3 in not paying compensation to the petitioners payable for the lands admeasuring Ac.60.34 cents covered by S.Nos.19, 18/2, 18/3, 18/4, 18/6, 83/1, 83/2, 83/3, 83/6, 19, 17/2, 17/3, 17/5, 55/2/ 110/1, 110/2, 110/3, 118/1, 118/2, 118/3, 126, 150/1A, 175, 152/2, 347, 361/2 and 102 of Kalanuthala village, Peddaraveedu Mandal, Prakasam District and also in not referring the dispute to the competent Civil Court in spite of requisition dated 13.9.2010 as illegal and arbitrary and voilative of the provisions of the Land Acquisition Act, 1894 and Articles 14, 21 and 300A of the Constitution of India and consequently, to direct the respondents either to pay the compensation to the petitioners or to refer the dispute to the Competent Civil Court. The case of the petitioners is that they are the absolute owners and possessors of the lands referred to above and the said properties are their ancestral one and the names of their fore fathers were registered as pattadars in resettlement register of the village Kalanuthala and after their demise, they have succeeded to the said properties. Respondents-4 to 22 are politically influenced persons in the village Kalanuthala and they falsely represented before respondents-1 to 3 to be the owners of the lands in question for the purpose of claiming compensation from the Government, for the lands acquired for construction of Poolasubbaiah Veligonda Project. They managed at every stage of the land acquisition proceedings so as to claim compensation for the acquired lands. In regard to the acquisition of the lands in question, respondents-1 to 3 did not issue any notice asking him to appear for any enquiry. Respondents-1 to 3 appeared to have processed the land acquisition proceedings in the name of respondents-4 to 12 and therefore, they requested respondents-1 to 3 to stop payment of compensation and they have also submitted a representation dated 13.9.2010 to the 2nd respondent requesting to refer the matter to a competent Civil Court. But, no action has been taken so far. Hence, the present writ petition is filed by the petitioner. Heard the learned counsel for the petitioners and the learned G.P. for Land Acquisition. On her oral instructions, the learned G.P for Land acquisition submits that in the instant case, award is yet to be passed and if the petitioners have got any interest , it is for the petitioners to make an appropriate representation and in the event of controversy as to the title of the property in question, the matter will be referred to the Civil Court under the provisions of sections 30 and 31 of the Land Acquisition Act. It is further submitted by the learned G.P for Land Acquisition that before passing an award, interested persons will be given notice and such situation has not been arisen and therefore, this writ petition is liable to be dismissed. In the instant case, the petitioners claim to be the absolute owners and possessors of the lands referred to above and the said properties are their ancestral one and the names of their fore fathers were registered as pattadars in resettlement register of the village Kalanuthala and after their demise, they have succeeded to the said properties and that Respondents-4 to 22 are politically influenced persons in the village Kalanuthala and they falsely represented before respondents-1 to 3 to be the owners of the lands in question for the purpose of claiming compensation from the Government, for the lands acquired for construction of Poolasubbaiah Veligonda Project and they have managed at every stage of the land acquisition proceedings so as to claim compensation for the acquired lands. On the rival contentions, it makes it clear that there is a controversy as to the title of the property in question and the compensation thereunder. In the peculiar facts and circumstances of the case coupled with the claim of the petitioners over the property in question and in view of the controversy as to the title of the property in question and the compensation thereunder, without expressing any opinion on the merits of the case, I feel it just and proper to observe that in the event of acquiring the land in question and passing an award, the respondents-authorities are expected to follow the due process of law as contemplated under the provisions of the Land Acquisition Act by way of giving appropriate notices to the interested persons before passing an award and in pursuance of the same, if the petitioners make an application claiming their interest in the land in question, the authorities are expected to take appropriate action in accordance with law by referring the matter to a Civil Court under the provisions of section 30 and 31 of the Land Acquisition Act for apportionment of the compensation. Subject to the above observation, this writ petition is disposed of. No costs. ___________________ Justice G.Chandraiah Date:23.12.2010 Gurc. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.23490 of 2010 DATED:23.12.2010