THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.12218 of 2007 Dated 07th July, 2011 Between: Gynobha and others …Petitioners And The Land Acquisition Officer & Revenue Divisional Officer, Utnoor, Adilabad District and another …Respondents Counsel for the petitioners: Sri N.Ashok Kumar Counsel for respondents: GP for Land Acquisition The Court made the following: ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a mandamus to declare the inaction of the respondents in referring the dispute under award proceedings No.C/616/02, dated 03.06.2006, to the competent civil Court under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) as illegal and arbitrary. The petitioners claim to be the owners of various extents of lands in various survey numbers, which were taken over for the purpose of construction of Shiva Sagar Project in Adilabad District. Even though certain private lands were notified under Section 4(1) of the Act, the lands belonging to the petitioners and other assigned lands were not included under the land acquisition proceedings. The petitioners approached respondent No.1 for reference of the purported dispute to the competent civil Court under Section 18 of the Act for enhancement of the compensation. This request having not been accepted, the present writ petition is filed. In the counter affidavit filed by respondent No.1, it is inter alia stated that the extent of Acs.29.25 guntas of patta lands was notified under the notification issued under Section 4(1) of the Act for construction of Shiv Sagar Project, that the lands of the petitioners being assigned lands, they were not acquired, but were resumed for the said purpose. It is further stated that the award was passed only to the extent of Acs.29.25 by fixing compensation and the petitioners were granted ex gratia at the rate of Rs.25,000/- per acre in terms of G.O.Ms.No.1307, dated 23.12.1993. At the hearing, Sri N.Ashok Kumar, learned counsel for the petitioners, strongly contended that the stand taken by the respondents that the lands in question are assigned lands is wholly incorrect and unacceptable because the family members of the petitioners were granted assignment on collection of sixteen times land revenue and therefore, absolute title was vested in them. In my opinion, the issue as to whether the petitioners are absolute owners of the property or not cannot be adjudicated in this writ petition. Under Section 18 of the Act, a person can seek reference of a dispute to the competent civil Court only where he raised objections regarding measurement of the land, or quantum of compensation or the persons to whom it is payable, or the apportionment of the compensation among the persons interested. It is clearly stated in the award that as the entire land admeasuring Acs.96.26 was an assigned land, the same was not included in the draft notification and the award was passed only for an extent of Ac.29.25 which is a private land. Therefore, the question of the petitioners being aggrieved on any of the four counts mentioned in Section 18 of the Act to be able to seek reference of the dispute to the civil Court for adjudication does not arise. If the petitioners assert their title, they are entitled to approach the competent civil Court by filing a civil suit for declaration of their title. In the event of their succeeding in such suit, they will be entitled to claim compensation under the provisions of the Act. Subject to the above observations, the writ petition is dismissed. As a sequel to dismissal of the writ petition, W.P.M.P.No.15222 of 2007 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 07th July, 2011 VGB