IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 11142 of 2008 Between: Lali Yellamma, W/o. Lali Akkulappa (late), R/o. Guulapalyam Village, Vajrakaruru Mandal, Anantapur District. ..... PETITIONER AND 1 The Special Deputy Collector, Telugu Ganga Project, Nandyal. 2 The Special Collector, Srisailam Project, Kurnool. 3 The Special Deputy Collector, H.N.S.S. Prakasam Road, Anantapur District. 4 The Mandal Revenue Officer, Kudair. .....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 issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to disbursing the compensation amount pending title dispute between claimants in respect of schedule property in Sy.No. 132/2C1, 132/1D2 and 135, situated at Jayapuram Village Kurdair Mandal Anantapur District, as illegal, arbitrary, violation of principles of natural justice and violation of Article 14 and 19 of the Constitution of India and consequently direct the respondents to refere the dispute to civil court under 30 of the Land Acquisition Act 1894 with regard to the compensation amount and pass Counsel for the Petitioner:MR.N.ASWARTHA NARAYANA Counsel for the Respondent Nos.1 to 4: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 11142 of 2008 ORDER This writ petition is filed seeking a Mandamus to declare the action of the respondents in trying to disburse the compensation amount pending title dispute between claimants in respect of schedule property in Sy.Nos.132/2C1, 132/1D2 and 135 in an extent of Ac.18.60 cents situated at Jayapuram Village, Kudair Mandal, Anantapur District as arbitrary and illegal. It is the case of petitioner that the schedule land is an ancestral property and that she and her two daughters are entitled to 1/3rd share in the said property. With regard to acquisition of land, no notice was received by her, nor her name appeared in the 4(1) notification, as such, she could not make any effective representation seeking 1/3rd compensation. Under those circumstances, she got issued a legal notice on 15.5.2008 and the same was received by the Land Acquisition Officer on 17.5.2008. Now the grievance of petitioner is that without considering the legal notice and without sending any reply, respondents are trying to disburse the compensation amount to others. In view of the above, without expressing any opinion on merits, respondents are directed to treat the legal notice got issued by the petitioner on 15.5.2008 as representation and dispose of the same within a period of three weeks from the date of receipt of a copy of this order, after hearing all the parties concerned. In the mean while, the compensation amount insofar as land of Ac.18.60 is concerned, shall not be paid to anybody. If it is found that there is some genuine claim, the Land Acquisition Officer may also consider referring the matter to the civil Court for its decision. Writ petition is disposed of accordingly. No costs. __________ 22-05-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Special Deputy Collector, Telugu Ganga Project, Nandyal. 2 The Special Collector, Srisailam Project, Kurnool. 3 The Special Deputy Collector, H.N.S.S. Prakasam Road, Anantapur District. 4 The Mandal Revenue Officer, Kudair. 5.2CD copies