HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28493 of 2010 Date: 19th November 2010 Between : Kasoju Venkaiah & others. …….Petitioners And The District Collector, Nalgonda & others. ….Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28493 of 2010 ORDER : In this writ petition, the petitioners have sought for declaration of the notification issued by respondents 1 to 3 vide Notification No.B/507/2007, dated 16.06.2009, as illegal, and also to direct respondents 1 to 5, to deposit the compensation amount determined for their lands, in Civil Court, for adjudication of dispute. It is the case of the petitioners that they are the owners and possessors of a total extent of Ac.1.17 ½ gts., in Sy.No.358, situated at Choutuppal village and Mandal of Nalgonda District. It is stated that out of the said land, they have sold Ac.0.20 gts. each to respondents 6 and 7, and are now in possession of Ac.0.17 gts. The grievance of the petitioners is that though respondents have issued notification for acquisition of their land for widening of National Highway No.9, and although the petitioners alone are entitled for award of compensation, respondents are not considering their claim. When the matter is taken up, it is submitted by the learned Government Pleader appearing for respondents 1 to 5 that the competent authority has already passed award even for the land claimed by the petitioners. It is stated that in view of rival claims by petitioners and respondents 6 and 7, the matter has been referred to Civil Court, as contemplated under Section 3(h)(iv) of the National Highways Act, 1956. Although the petitioners have questioned the notification, but during the course of arguments, the learned counsel for petitioners is not pressing for invalidity of the notification. In view of the fact that the matter is already referred to the Civil Court, I deem it appropriate to permit the petitioners to put-forth their claims before the said Court. In view of rival claims of petitioners and respondents 6 and 7, it is for the Civil Court to decide the issue and pass appropriate orders. Subject to the above directions, the writ petition is disposed of. No order as to costs. ____________________ R.SUBHASH REDDY, J 19th November 2010 ajr