THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Review W.P.M.P.No.11550 of 2011 in/and Writ Petition No.5956 of 2002 ORDER: This review application is filed seeking to review the order, dated 30.09.2008, in W.P.No.5956 of 2002. I have heard the learned counsel for the review applicants and the learned Government Pleader for Land Acquisition. W.P.No.5956 of 2002 was filed by as many as 28 persons for a mandamus to declare the inaction of the respondents in referring their applications to the competent civil Court under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) as arbitrary and illegal. Respondent No.1 has filed a counter affidavit, wherein he has admitted that the lands of some of the writ petitioners were acquired and that the names of petitioner Nos.7, 8, 10, 21, 24 and 27, who are the applicants herein, do not find place in the award. On the said averments, the writ petition was allowed by this Court to the extent of all the writ petitioners other than the applicants herein. In this review application, the applicants have filed a copy of the award and with reference thereto have averred that their names are mentioned in the award, that compensation was also awarded, and in case of applicant No.4 in respect of Ac.0.10½ guntas, as the dispute relating thereto was referred to the civil Court under Section 30 of the Act and that applicant No.4’s right was declared by award, dated 18.01.1999, in O.P.No.8 of 1994 on the file of the Sub-Court, Jagitial. At the hearing, the learned Government Pleader for Land Acquisition fairly conceded that a mistake has occurred in raising the pleadings in the counter affidavit and that a thorough verification of the award reveals that the award was made in respect of all, except applicant No.4. With reference to the said applicant, the learned Government Pleader stated that there is no material to show that the Sub-Court has declared his right in O.P.No.8 of 1994. In the light of the admission made on behalf of the respondents by the learned Government Pleader that applicant Nos.1 to 3, 5 and 6 in the review application, who are writ petitioner Nos.7, 8, 10, 24 and 27 respectively, are covered by the award, an error crept in the order passed in the writ petition. These applicants are also entitled to reference under Section 18 of the Act. Accordingly, the order, dated 30.09.2008, is modified by directing that the cases of petitioner Nos.7, 8, 10, 24 and 27 in W.P.No.5956 of 2002, shall also be referred to the civil Court under Section 18 of the Act. With respect to applicant No.4 i.e., writ petitioner No.21, he is permitted to approach respondent No.2 with a copy of the award, dated 18.01.1999, in O.P.No.8 of 1994, of the learned Sub- Court, Jagitial. Thereupon, respondent No.2 shall examine the said award and if he is satisfied that the said Court has declared the right of applicant No.4 (writ petitioner No.21), he shall refer the said applicant’s application also to the civil Court under Section 18 of the Act. If he is not satisfied that the said applicant’s claim that his right is declared, he shall pass an appropriate order, within a period of 30 days of the representation made by the said applicant and communicate the same to him, who shall then be entitled to avail appropriate remedy. Subject to the above, the Review WPMP is allowed. C.V.NAGARJUNA REDDY, J 29th March, 2011 VGB