IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.6017 of 2008 Between: 1. Sri Gundeboina Venkataswamy, s/o Narsimha Murthy, r/o Seethampeta Village, V.R. Puram Mandal, Khammam District. 2. Sri Gundeboina Kameswar Rao, S/o. G. Venkataswamy, V.R.Puram Mandal, Khammam District. ... PETITIONERS AND 1. The Government of Andhra Pradesh, rep. by Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2. The District Collector, Khammam District. 3. The Joint Collector, Khammam District. 4. The Special Deputy Collector (LA), Paloncha, Khammam District. 5. Smt. Bodduluri Pushpavathi, r/o Velerupadu Village and Mandal, Khammam District. 6. Sri Undavalli Veeraraju, s/o Bullaiah, r/o Velerupadu Village and Mandal, Khammam District. 7. Sri Bodduluri Srinivas, r/o Velerupadu Village and Mandal, Khammam 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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of respondent Nos.2 to 4 in not paying the compensation to petitioners in respect of the land to an extent of Acs.16.05 gts in Sy.No.119 situated at Thatukurugommu village of Velerupadu Mandal, Khammam District, as acquired by them for Indira Sagar Project (Polavaram) and impugned action of 4th respondent in not referring the matter to the Civil Court for proper adjudication in respect of the apportionment of the compensation under Section 30 of the Land Acquisition Act and proposing to pay the compensation to respondents No. 5 to 7 as illegal, arbitrary and contrary to law and also contrary to Section 30 of Land Acquisition Act and may be further pleased to direct respondent No.4 to pay compensation to petitioners in respect of the above said lands or alternatively refer the matter under Section 30 of the Land Acquisition Act, for proper apportionment and to pass such other orders. Counsel for the Petitioner. : Mr. J.ASHVINI KUMAR Counsel for the Respondents. : GP FOR LAND ACQUISITION The Court made the following: ORDER: - A notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) was issued on 10-08-2007 and thereafter after following the entire procedure as provided for under the Act, possession of the land in question was taken and an award enquiry was also conducted. According to petitioners they are entitled for payment of compensation, but, however, the Land Acquisition Officer is trying to disburse the amount of compensation to respondents 5 to 7 and hence, they gave an application/objections on 15-03-2008 stating that they alone are entitled to the amount of compensation but not respondents 5 to 7. However, as the Land Acquisition Officer, who arrayed as fourth respondent is contemplating to pay the amount of compensation by way of cheques to respondents 5 to 7, they approached this Court and filed the present writ petition. 2. Heard learned counsel for petitioners and learned Government Pleader for Land Acquisition. 3. As the application was given on 15-03-2008 bringing it to the notice of the Land Acquisition Officer to the effect that petitioners are entitled for payment of compensation but not respondents 5 to 7, it is clear there is a dispute and when the land Acquisition Officer also feels that there is a dispute, the normal course would be to refer the matter to Civil Court under Section 30 of the Act for settlement of the said dispute. As the said application is pending consideration, this Court is of the view that the Land Acquisition Officer can be directed to dispose of the said application within a period of four weeks from today and till such time, the amount of compensation shall not be disbursed to anybody, if not already disbursed. 4. With the above directions, the writ petition is disposed of at the stage of admission. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.19-03-2008 Note: Issue C.C. by 24-03-2008. B/o GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Principal Secretary, Revenue Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2. The District Collector, Khammam District. 3. The Joint Collector, Khammam District. 4. The Special Deputy Collector (LA), Paloncha, Khammam District. 5. 2CCs to 6. 2CD copies Form-NIC-OGS/WP{SPJS}