IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 18307 of 2008 Between: Bytigari Thimma Reddy S/o. B. Maldanna R/o. Kondapur Village Dharoor Mandal, Mahabubnagar District. ..... PETITIONER AND 1 The Government of A.P. Rep. by its Principal Secretary, Revenue & Irrigation Department, Secretariat, Hyderabad. 2 The Spl. Collector, Land Acquisition Bheema Project, Mahabubnagar District. 3 The Spl. Deputy Collector, Land Acquisition Jawahar Lift Irrigation Project Gadwal, Mahabubnagar District. 4 K. Anjaneya S/od. Ramanna R/o. Maddipet , Raichur, Karnataka State. .....RESPONDENTS 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 an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondent authorities in referring the matter to Civil Court U/sec. 30 of Land Acquisition Act 1894 and disbursement of amount to wrong person i.e, Respondent No.4 is illegal, arbitrary and violative of Art. 14, 21 and 300A of the Constitution of India and consequently direct the respondents No. 1 to 3 to refer the matter to the competent Civil Court U/sec. 30 of Land Acquisition Act and pass such other order or orders Counsel for the Petitioner: MR.M.ACHUTA REDDY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 18307 of 2008 O R D E R: This writ petition is ﬁled seeking a declaration that the inaction on the part of the respondents in referring the matter to the civil Court under Section 30 of the Land Acquisition Act, 1894 (for short ‘the Act’) as requested by the petitioner vide his petition dated 25- 07-2008 is arbitrary and illegal. The petitioner claims to be the owner and possessor of the land to an extent of Ac.7.20 guntas situated in Sy.No.86 of Kondapur village, Dharoor Mandal, Mahabubnagar District which was acquired under the provisions of the Act for the purpose of Jawahar Left Irrigation Project, Gadwal. It is stated that though he is the rightful owner and possessor of the land in question, the name of the 4th respondent herein was shown in the notiﬁcation as the owner and occupier and consequently, the respondents 1 to 3 are proceeding with the award enquiry without any notice to the petitioner herein. Hence, this writ petition contending that the action of the respondents in not considering the petitioner’s claim in spite of his claim petition dated 25- 07-2008 is arbitrary and illegal. Having heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition appearing for the respondents 1 to 3 and keeping in view that the petitioner has already made a claim petition on 25-07-2008, the writ petition is disposed of with a direction to the respondents 1 to 3 to consider the petition of the petitioner dated 25-07-2008 and take appropriate action in accordance with law. Till such time, the compensation shall not be disbursed to the fourth respondent, if not already disbursed. No costs. ______________ G. ROHINI,J Date: 22-08-2008 KLP