The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.8627 of 2011 Date: 29-11-2011 Between: Pandugula Yadaiah ..... Petitioner AND The District Collector (LA) Ranga Reddy District, Lakadikapool, Hyderabad and 2 others. .....Respondents Counsel for the Petitioner: Sri Bommana Ramakrishna Counsel for Respondent Nos.1 & 2: AGP for Land Acquisition The Court made the following : Order: This Writ Petition is filed for a Mandamus to refer the dispute, relating to payment of compensation in respect of Ac.1-21 guntas in RS.No.244/80 of Pedda Amberpet Village, Hayatnagar Mandal, Ranga Reddy District, to the competent Civil Court under Section 30 of the Land Acquisition Act, 1894 (for short ‘the Act’). It is the pleaded case of the petitioner that he has a share in the above-mentioned land and that, without considering his claim, respondent Nos.1 and 2 are seeking to pay compensation to respondent No.3 instead of referring the dispute to the Civil Court under Section 30 of the Act. The official respondents have not filed counter- affidavit. However, in the counter-affidavit filed by respondent No.3, it is inter alia stated that the land in question was assigned in his favour as head of the family; that the said land exclusively belonged to him and; that the petitioner has nothing to do with the said land. Respondent No.3 further averred that his father died in the year 1974; that, in the same year, a partition has taken place between him and the petitioner; that respondent No.3 has occupied the Government land and continued in its possession till the year 1980 when the assignment was made; that he has filed OS.No.109 of 1998 in the Court of the Principal Junior Civil Judge, Hyderabad, East and North, for injunction against the petitioner and that the said suit was decided in his favour after contest. Respondent No.3 further averred that the land in question was required for Outer Ring Road project; that therefore, respondent No.2 has issued notice, dated 04-11-2010, resuming the land to the Government and fixing Rs.16,38,000/- as ex gratia and; that the petitioner, without any manner of right, has filed objections before respondent Nos.1 and 2 on 27-12-2010, on account of which issuance of cheque was stopped. The learned Assistant Government Pleader for Land Acquisition, representing respondent Nos.1 and 2, stated that, having regard to the objections filed by the petitioner, the cheque was not issued in favour of respondent No.3, in whose name the assignment stands. Inasmuch as there is a serious dispute as regards the entitlement of the receipt of ex gratia, respondent No.2 shall pass an appropriate order on the said issue. If the person among the petitioner and respondent No.3 feels aggrieved by the decision taken by respondent No.2, he shall be free to file a civil suit before the competent Civil Court as the provisions of the Land Acquisition Act do not apply to the assigned lands and no acquisition proceedings have been initiated in respect thereof. Subject to the above directions, the Writ Petition is disposed of. As a sequel, interim order, dated 01-04-2011, is vacated and WVMP.No.2220 of 2011 and WPMP.No.10717 of 2011 are disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 28th November, 2011 LUR