IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 14119 of 2004 Between: 1 G.Sarada Prasad, s/o Nagappa, r/o 28/296-H-A, Venugopalanagar, Anantapur, Anantapur District. 2 G.Musalamma, w/o Sarada Prasad, r/o 28-296-H-A, Venugopalanagar, Anantapur, Anantapur District. ..... PETITIONERS AND The Revenue Divisional Officer-cum-Land Acquisition Officer, Anantapur, Anantapur District. .....RESPONDENT 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 a writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondent in making a reference under Section 18 of Land Acquisition Act to the Civil Court, as illegal, arbitrary and against the principles of natural justice and consequently issue a writ of mandamus to the respondent herein to make a reference under Section 18 of Land Acquisition Act in respect of the petitioner's lands in Sy.No.77-1A extent Ac.0.33 cents and in Sy.No.79-2 Ac.2.20 cents of Papampet Village, Anantapur Mandal & District, acquired in Award No.1/94-95, dt.15-3-1994, by the respondent herein. Counsel for the Petitioners:MR.P.SAI PRASAD Counsel for the Respondent: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.14119 of 2004 ORDER: This writ petition is ﬁled for a Writ of Mandamus or other appropriate writ or order with the following substantial reliefs: “to declare the inaction of the respondent in making a reference under Section 18 of Land Acquisition Act to the Civil Court, as illegal, arbitrary and against the principles of natural justice and consequently issue a writ of Mandamus to the respondent herein to make a reference under Section 18 of Land Acquisition Act in respect of the petitioners’ lands in Sy.No.77-1A extent Ac.0.33 cents and in Sy.No.79-2 Ac.2-20 cents of Papampet village, Anantapur Mandal & District, acquired in Award No.1/94-95 dt.15.3.1994 by the respondent herein.” 2. At the hearing, learned counsel for the petitioners sought for permission of the Court to withdraw the writ petition, with liberty to pursue their remedy under Section 28- A of the Land Acquisition Act, 1894 (for short ‘the Act’). 3. The request of the learned counsel is accepted. 4. The writ petition is, accordingly, dismissed as withdrawn, with liberty to the petitioners in terms of the prayer made. However, this order shall not be understood as this Court expressing its view on the tenability or otherwise of the application of the petitioners under Section 28-A of the Act. In the event of such an application being made, the respondent shall be free to entertain and dispose of the same in accordance with law. ________________________ C.V.NAGARJUNA REDDY,J 25th August, 2008 v v