IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.27891 of 2008 Between: Smt. Mohd. Hussain Bee … Petitioner and The Special Deputy Collector, L.A. Unit, Yellampally project, NTPC., Jyothi Nagar, Karimnagar and others. … Respnodents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.27891 of 2008 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the action of the respondent No.1 to refer the matter to Civil Court under Section 30 of the Land Acquisition Act, for determination of person entitled to receive compensation in respect of the land in Survey No.94/C, 160 and 172 admeasuring Acs.6.30 guntas, Ac.0.80 guntas and Ac.1.11 guntas, respectively, situated at Cheggyam Village, Velgaturu Mandal, Karimnagar District, by depositing the total compensation amount in the Court and consequently to direct the 1st respondent not to pay the determined compensation to the respondents 2 to 8. The case of the petitioner, in brief, is that originally her husband late Shaik Mohammad was the absolute pattedar and possessor of the land in question and after the death of her husband, she succeeded the same, without any interruption or interference from anybody. It is submitted that taking advantage of her absence in the village, respondents 2 to 8, who are the adjacent land owners, got entered their names in the possession column and claiming ownership over the land in question. In this regard, the petitioner along with her children filed an application before the Mandal Revenue Officer, Velgatoor to rectify the entries in the possession column in the pahanies and requested to enter their names. Based on the said application, the Mandal Revenue Officer issued notices to all the parties. While the same is pending, the petitioner came to know that the Government acquired the land in question for the construction of Sreepada Sagar Project and processing to issue the compensation amount to the said respondents, who are no way concerned with the lands in question. Thereafter, narrating all the facts the petitioner made another application to the 1st respondent but the 1st respondent, without enquiring into the matter, based on the entries in the possession column in pahanies, trying to distribute the compensation amount. It is also submitted that earlier when the 1st respondent issued notices to the petitioner vide File No.C/484/06, dated 22.01.2007, wherein the name of the father of the respondents 2 and 3 mentioned, she submitted all the records pertaining to the lands and established her ownership. But the 1st respondent has not taken any steps and make attempts to issue the cheques to the respondents 2 to 8. At this stage, the petitioner, along with her children, got issued a legal notice on 17.03.2007 to the 1st respondent to refer the matter to the Civil Court under Section 30 of the Land Acquisition Act for proper adjudication. Further, if there is any dispute with regard to the title and ownership, the 1st respondent has to refer the matter to the civil Court under Section 30 of the Land Acquisition Act. Though the petitioner got issued a legal notice dated 17.03.2007, the 1st respondent has not taken any steps to refer the matter to the civil Court. Hence, the petitioner filed the present writ petition. On behalf of the respondents 2 and 3, denying the averments of the petitioner, counter affidavit has been filed, inter alia, stating that the husband of the petitioner sold the land in question in the year 1974 vide simple sale deed. Since then the respondent’s father used to cultivate the lands and paid the land revenue. It is also submitted that the award has already been passed vide Award No.23/2010-11, dated 04.10.2010. The petitioner started claiming the lands after land acquisition proceedings and after receiving the award notices under Section 9(3) & (10) of the Land Acquisition Act. Therefore, the mater is not required to refer under Section 30 of the Land Acquisition of the Act. The learned counsel on either side submitted that the matter has already been referred to the civil Court by depositing the compensation. Therefore, no further adjudication is required before this Court. The lis before this Court is that the matter is not referring to the civil Court under the Land Acquisition Act. When the lis before this Court has already been resolved, no further adjudication is required. Therefore, having regard to the submissions made by the learned counsel on either side, this writ petition is closed. There shall be no order as to costs. _________________________ JUSTICE G.CHANDRAIAH Date: 22.06.2011 LSK