THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.9769 of 2008 Date:30.06.2011 Between: J.Ahok ..... Petitioner AND The District Collector, Kadapa and another .....Respondents Counsel for the Petitioner: Sri T.Rajendra Prasad Counsel for Respondents: Government Pleader for Land Acquisition The Court made the following: ORDER: At the interlocutory stage, the writ petition itself is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a Mandamus to declare the action of the respondents in not referring the petitioner’s application to the competent civil Court under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) for determining compensation in respect of the land admeasuring Acs.4.44 cents in survey No.5 of Ramambapuram Village, Nandaluru Mandal, Kadapa District as illegal and arbitrary. The only dispute arising in this writ petition is whether the application filed by the petitioner for reference under Section 18 of the Act was within the limitation prescribed under the said provision. Even though the petitioner has pleaded in paragraph 2 of his affidavit that award was passed and compensation was received on 22.09.1999 and that while receiving the compensation amount under protest a written representation was made for reference of the dispute, at the hearing, Sri T.Rajendra Prasad, learned counsel for the petitioner, stated that the date referred to above was incorrect and that actually compensation was received only on 18.08.2000 and the petitioner made a representation on the same day. The need for giving a finding on this aspect is obviated for the reason that the petitioner has earlier filed W.P.No.19555 of 2001 for a mandamus to declare the action of the respondents in not passing an award. On the basis of the statement of the learned Government Pleader that not only an award was passed, but on the application made by the petitioner, reference under Section 18 of the Act was made to the civil Court, this Court has disposed of the said writ petition. This order has become final. In my opinion, so long as the said order remains in force, the respondents cannot take a different stand in the present writ petition. In this view of the matter, the Writ Petition is disposed of with the direction to the respondents to refer the dispute to the competent civil Court, if not already done, under Section 18 of the Act to the extent of the land admeasuring Acs.4.44 cents in survey No.5 of Ramambapuram Village, Nandaluru Mandal, Kadapa District, within a period of three months from the date of receipt of a copy of this order. As a sequel to disposal of the writ petition, W.P.M.P.No.12872 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 30th June, 2011 GHN