THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.4445 of 2006 Date : 28-10-2009 Between : Settipalli Satyanarayana Naidu and others .. Petitioners and The Land Acquisition Officer (Sub-Collector,0 Narsapur, West Godavari District. .. Respondent THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.4445 of 2006 ORDER: 1. Heard Sri Goutham representing Sri Chidambaram, the learned Counsel representing the writ petitioners and the learned Government Pleader for Land Acquisition. 2. The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondent in not referring the matter vide Award No.3/96-97 to the Civil Court under Section18(1) of Land Acquisition Act (hereinafter in short referred to as “Act” for the purpose of convenience) as illegal, arbitrary, contrary to law and to issue consequential direction to the respondent to refer the matter to the Civil Court under Section 18(1) of the Act and to pass such other suitable orders. 3. It is stated in the affidavit filed in support of the Writ Petition that the respondent had passed Award No.3/96-97 dated 10-12-1996 fixing the compensation far below the existing rates. The Land Acquisition Officer did not choose to award the compensation for the coconut trees and other trees situate in the land acquired. Further it is stated that the petitioners received the compensation amount under protest and all the petitioners made individual applications on 5-1- 1997 to the respondent requesting to refer the matter to the Civil Court under Section 18(1) of the Act by raising the grounds for reference. 4. It is also further stated that though the petitioners made representation in the month of January 1997 and the same was received by the respondent, the respondent did not choose to refer the matter to the Civil Court. It is stated that the petitioners have been roaming around the office of the respondent and requesting him to refer the matter in vain. In the first week of January 1997 all the petitioners approached the respondent and requested him to refer the matter to the Civil Court but he expressed his inability to do so for the reasons best known to him and in such circumstances the present Writ Petition had been filed. 5. The specific request made by the writ petitioners is that the respondent to be directed to refer the matter i.e., Award No.3/96-97 dated 10-12-1996 to the Civil Court under Section 18 of the Act. 6. It is the bounden duty of the respondent to refer the matter to the Civil Court under Section 18 of the Act in the facts and circumstances well explained in the affidavit filed in support of the Writ Petition. Hence, the Writ Petition is hereby allowed. 7. At this stage it is stated that no further steps are being taken for sufficiently a long time. In the light of the same, let the respondent expedite the further steps to be taken in this regard. 8. Accordingly, with the above further direction, the Writ Petition is hereby allowed. No order as to costs. _____________________ Justice P.S. Narayana Date : 28-10-2009 AM