IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 7222 of 2008 Between: Dadireddy Sailaja, W/o. Ranga Redy, R/o. H.No. 1262, 4th Cross, Manjunatha Layout, R.T. Nagar, Bangalore -32, Karnataka. ..... PETITIONER AND 1 Special Collector, Srisailam Project, Kurnool, Kurnool District. 2 The Special Deputy Collector, Land Acquisition Hundri Neeva Project, Ananthapur, Ananthapur District. 3 G. Ramakrishnamma, W/o. Bayapa Reddy, R/o. Marala, Bukkapatnam Mandal, Ananthapur District. 4 G. Bayapa Reddy, S/o. Venkatarami Reddy, R/o. Marala, Bukkapatnam Mandal, Ananthapur District. 5 G. Somasekhara Reddy, S/o. Bayapa Reddy, R/o. Marala, Bukkapatnam Mandal, Ananthapur District. 6 G. Ramireddy, S/o. Bayapa Reddy, R/o. Marala, Bukkapatnam Mandal, Ananthapur 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 to issue a Writ, Order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the respondents 1 and 2 in not referring the matter to the Civil Court for apportionment of compensation under Section 30 of the Land Acquisition Act in spite of the receipt of the notices from the petitioner herein, as illegal, arbitrary and contrary to law and direct the respondent 1 and 2 to refer the matter to the Civil Court under Section 30 of the Land Acquisition Act for apportionment of compensation and pass Counsel for the Petitioner:MR.VL.N.G.KMURTHY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 7222 of 2008 ORDER: An extent of Ac.14.86 cents of land in Survey Nos.316-1 and 317-2B of Marala Village, Bukkapatnam Mandal, Ananthapur District was acquired by the 1st respondent, for the purpose of a lift irrigation scheme. The petitioner and the 3rd respondent are sisters. The 4th respondent is the husband of the 3rd respondent and respondents 5 and 6 are their children. The grievance of the petitioner is that though there is a serious title dispute and entitlement to receive the compensation, respondents 1 and 2 have not referred the matter to a Civil Court, under Section 30 of the Land Acquisition Act (for short ‘the Act’) and appropriate directions are sought for in this regard. Heard the learned counsel for the petitioner, learned Government Pleader Land Acquisition and the learned counsel for respondents 3 to 6. The petitioner ﬁled O.S.No.3 of 1997 in the Court of Senior Civil Judge, Penukonda, against respondents 3 to 6, for partition of various items of properties, including the one, that was acquired. A preliminary decree was passed in that suit and aggrieved thereby, respondents 3 to 6 ﬁled A.S.No.11 of 2005 in the Court of Additional District Judge, Hindupur. In the preliminary decree, the petitioner was held to be entitled to half share, in the various items of properties, including the land, which is the subject matter of acquisition. This Court is of the view that when the appeal against the preliminary decree is pending, it is not at all necessary or feasible to refer the matter under Section 30 of the Act. Even if the preliminary decree passed in the suit is upheld, the petitioner would be entitled to receive half of the compensation awarded for the acquired land. She does not dispute the entitlement of respondents 3 to 6 to receive the balance. The interests of the parties can be protected by permitting respondents 3 to 6 to withdraw half of the compensation determined by the 2nd respondent and by directing that the tentative share of the petitioner be deposited to the credit of the suit. Hence, the writ petition is disposed of, directing that respondents 3 to 6 shall be entitled to be paid half of the compensation determined by the 2nd respondent for the land in Survey Nos.316-1 and 317-2B of Marala Village, Bukkapatnam Mandal, Ananthapur District and the balance, which represents the tentative share of the petitioner, shall be deposited to the credit of O.S.No.3 of 1997 on the ﬁle of the learned Senior Civil Judge, Penukonda. There shall be no order as to costs. _________ 09.09.2008 Note: Issue C.C. in three days (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 7222 of 2008 Date: 09.09.2008 JSU