IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9199 of 2008 Between: Karanam Ramanamma W/o Kranam Molakaiah R/o Krishnapatnam Village, Muthukur Mandal, Nellore District. ..... PETITIONER AND 1 The State of A.P., rep by its Secretary, Revenue Department, Secretariat, Hyderabad. 2 The land Acquisition Officer-cum- Revenue Divisional Officer, Nellore Nellore district. 3 Vatamubedu Venkateswarlu S/o Muneaiah R/o Bangaru Palyam (PO) Chittoor District at Present residing at C/o Pedapalem Muni Raja, Krishnapatnam Village, Muthukur Mandal, Nellore District. 4 The District Collector, Nellore, Nellore District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ of Mandamus declaring the action of official respondents in trying to issue compensation amount in favour of 3rd respondent in spite of pending Civil suit i.e, O.S. No. 217/2008 on the file of the Principal Junior Civil Judge, Nellore filed for declaration of title and for injunction, as illegal, arbitrary, unjust and unconstitutional and consequently direct the official respondents to deposit compensation amount in respect of acquisition of suit schedule property to an extent of Ac. 0.50 cents in Sy. No. 542/2 of Krishnapatnam Village, Muthukuru Mandal, Nellore District in the suit account and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.N.ASWARTHA NARAYANA Counsel for the Respondent Nos.1 and 4: GP FOR REVENUE Counsel for the Respondent No.2 : GP FOR LAND ACQUISTIION Counsel for the Respondent No.3 : - NONE - The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9199 of 2008 ORDER: Petitioner states that she is the owner of an extent of Ac.0.50 cents of land in Sy.No.542/2 of Krishnapatnam village of Muthukuru Mandal in Nellore District, having acquired the same under an unregistered settlement deed dated 22.11.19907 executed by one Padmavathi in her favour. The Government proposed to acquire the said land, under the provisions of the Land Acquisition Act, 1894 (for short “the Act”), for the purpose of construction of Ultra Mega Power Station at Krishnapatnam. Petitioner was also stated to have been served with a notice under Section 9(3) of the Act directing to participate in the award enquiry and accordingly, she participated in the award enquiry. However, there was a dispute between the petitioner and the 3rd respondent with regard to the land in question. Therefore, the petitioner filed O.S.No.217 of 2008 before the learned Principal Junior Civil Judge, Nellore, for declaration of her title and also for injunction. She also filed I.A.No.217 of 2008 in the said suit seeking temporary injunction. However, as no orders were passed on the said interlocutory application and apprehending that the compensation would be paid to the 3rd respondent before the civil court decides the interlocutory application, the petitioner filed this writ petition seeking a direction to respondents 1,2 and 4, not to disburse the compensation in favour of the 3rd respondent pending disposal of the title dispute between her and the 3rd respondent. Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Revenue, appearing for respondents 1 and 4, and the learned Assistant Government Pleader for Land Acquisition, appearing for 2nd respondent. In the normal circumstances, notice shall be issued to the 3rd respondent, but as this Court is not deciding anything against the 3rd respondent, notice to the 3rd respondent is dispensed with. Having regard to the facts and circumstances of the case, this Court expresses its inability to pass any orders in this writ petition. Having filed a suit, the petitioner should have impressed upon the civil court to get a direction to respondents 1,2 and 4 not to disburse amount in favour of the 3rd respondent. Of course, it is the contention of the learned counsel for the petitioner that the interlocutory application filed by the petitioner seeking temporary injunction was actually listed for hearing yesterday i.e, 23.04.2008, but as the learned Government Pleader took time, the matter was adjourned by ten days. If there is an urgency, petitioner should have requested the Court to get the matter adjourned only by a couple of days. Having failed to do so, petitioner cannot get any relief in this writ petition. If she so chooses, she may file an application before the civil court seeking a direction to the Land Acquisition Officer to deposit the said amount in the court without disbursing the same to the 3rd respondent, and the court concerned would pass appropriate orders thereon. Accordingly, the writ petition is disposed of. There shall be no order as to costs. __________ 24.04.2008 Note: Furnish C.C. in two days. (B/o) Sh To 1 The Secretary, State of A.P., Revenue Department, Secretariat, Hyderabad. 2 The land Acquisition Officer-cum- Revenue Divisional Officer, Nellore, Nellore district. 3 The District Collector, Nellore, Nellore District. 4. Two C.Cs to 5. Two C.D. copies