HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8086 of 2009 Date : 09.12.2011 Between : Kataiahgari Bala Subba Reddy & others. …..Petitioners And The District Collector, Kadapa & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8086 of 2009 ORDER : This writ petition is filed, seeking a Writ of Mandamus, declaring the action of respondents in not passing the Award and not paying compensation for their lands admeasuring 3.54 acres in Sy.No.715, 4.35 acres in Sy.No.764, 2.62 acres in Sy.No.718 and 4.35 acres in Sy.No.764, situated at Pattur village of Khadipet Mandal in Kadapa District, which were acquired for construction of Kannelavagu reservoir, inspite of repeated representations and legal notice, dated 16.03.2007, as illegal and arbitrary, with consequential directions to the respondents to pass award and pay compensation for the said lands. The grievance of petitioners is that though their lands were taken possession by the respondents for public purpose i.e. for construction of Kannelavagu reservoir, by notifying under the provisions of the Land Acquisition Act, 1894, no Award is passed for payment of compensation. This writ petition is filed in 2009. When the matter is taken up, the learned Government Pleader for Land Acquisition has produced the copy of the Award, dated 20th August 2007, passed in Ref.G/390/90, in respect of total land of 61.88 acres acquired for construction of Kannelavagu reservoir. A perusal of the Award shows that it is passed for Rs.6,62,429/- payable under Section 11(1) and Rs.11,04,099/- payable under Section 11(2) of the Land Acquisition Act. It is further stated that the matter is also referred to Civil Court under Section 31(2) of the Land Acquisition Act, for adjudication of rival claims. In view of passing of Award and referring the matter to the Civil Court under Section 31(2) of the Land Acquisition Act by depositing the compensation in the Court, no direction can be granted as prayed for in the writ petition. But, in the facts and circumstances of the case and as it is submitted that there are no rival claims, I deem it appropriate to dispose of the writ petition permitting the petitioners to approach the Civil Court by filing appropriate applications for payment of compensation. At the same time, if the O.P. is not numbered, the 2nd respondent-Land Acquisition Officer shall take steps forthwith, for numbering the said O.P., so as to enable the petitioners to claim compensation. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 9th December 2011 rrb/ajr