IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8748 of 2008 Between: Rachumalla Lakshmi Narayanamma W/o.Ranuka Reddy R/o.S.Thimmapuram Village, Kondapuram Mandal, Kadapa District. ..... PETITIONER AND 1 The Special Deputy Collector (Land Acquisition) Galeru Nagari Sujala Sravanthi (GNSS) III, Office at Muddanur, Kadapa District. 2 Basannagari Narayana Reddy Aswartha Reddy R/o.Dattapuram Village, Kondapuram Mandal, Kadapa District. 3 Basannagari Hari Narayana S/o.Narayana Reddy R/o.Dattapuram Village, Kondapuram Mandal, Kadapa District. .....RESPONDENT(S) 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 disposing off the petitioner's representation dated 29.3.2008 as per Section 30 of the Land Acquisition Act, 1894 as illegal, unjust, arbitrary and against statutory provisions being violative of Land Acquisition Act and consequently direct the 1st respondent to dispose off the petitioner's representation dated 29.03.2008 by referring the matter to the Civil Court as per Section 30 of the L and Acquisition Act 1894 in respect of the Houses bearing D.No.142 and 143 of Dattapuram village in Kondapuram Mandal of Kadapa District. Counsel for the Petitioner: MR.L.J.VEERA REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{KURR} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the 1st respondent in not disposing of the petitioner’s representation dated 29.3.2008, as arbitrary and illegal, and consequently direct the 1st respondent to dispose of her representation by referring the matter to the Civil Court as per Section 30 of the Land Acquisition Act, 1894 (for brevity “the Act”). The petitioner asserts that she is the daughter of the 2nd respondent. The 3rd respondent is the son of the 2nd respondent. They all have joint ancestral property consisting of two houses situated at D.Nos.142 and 143 in Dattapuram village, Kondapuram Mandal, Kadapa District. While so, the 1st respondent-Special Deputy Collector issued a Notification dated 30.5.2007 showing the names of the 2nd and 3rd respondents proposing to acquire the petitioner’s land for construction of irrigation project GNSS III, Muddanu, Kapada District. As her name is not shown in the Notification, she made a representation dated 29.3.2008 requesting the 1st respondent-Special Deputy Collector to refer her matter to the civil Court. Now, the petitioner’s grievance is that though she made the representation, the 1st respondent has not passed any orders on it nor referred the matter to the civil Court. Heard the learned counsel for both the parties and perused the material placed on record. Section 18 of the Act postulates that any person interested and has not accepted the award may, by written application to the Collector, request that the matter be referred by the Collector for the determination of the Court. Section 30 of the Act envisages that if any dispute arises as to the apportionment of the amount of compensation or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute to the decision of the Court. Apparently, the petitioner got issued a legal notice to the respondents, but it does not satisfy the requirement of Section 18 of the Act. Hence, the petitioner is hereby directed to give an application in writing to the Land Acquisition Officer and if the Collector is satisfied that the petitioner also is entitled to compensation, he may refer the same to the Civil Court as contemplated under Section 30 of the Act. This entire exercise shall be done within a period of six weeks from the date of receipt of a copy of this order. In terms of the above direction, this writ petition is disposed of at the admission stage. No costs. ______________ 21.04.2008 bcj