THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 11132 OF 2008 O R D E R: Late Bala Subba Reddy of Muddanoor village and Mandal, had two sons, by name Rama Subba Reddy and Bali Reddy (respondents 3 and 4) and four daughters, by name Ramulamma, Lakshumma, Subba Lakshumma and Saroja. The 1st petitioner and late Nagarjuna Reddy are the sons of Lakshumma. Petitioners 2 to 4 are legal representative of the deceased Nagarjuna Reddy. Respondents 1 and 2 initiated steps for acquisition of various extents of land at Muddanoor village, for the purpose of an irrigation project. The lands, which were held by Bala Subba Reddy, were also notiﬁed for acquisition. The petitioners stated that the properties remained joint, and that late Lakshumma had 1/6th share in the properties. Their grievance is that respondents 1 and 2 are not entertaining any claim of their branch. This writ petition is ﬁled with a prayer to direct the 2nd respondent to refer the matter to the Civil Court, under Section 30 of the Land Acquisition Act (for short “the Act”). It is stated that the petitioners have ﬁled O.S.No.84 of 2007, in the Court of Junior Civil Judge, Jammalamadugu, for partition of the said properties. Sri V.R.Reddy Kovvuri, learned counsel for the petitioners, submits that the petitioners are entitled for 1/6th share of the compensation in the acquired lands and even if there is any resistance from respondents 3 to 10, the 2nd respondent is under obligation to refer the matter to a Civil Court under Section 30 of the Act. Learned Government Pleader for Land Acquisition, appearing for respondents 1 and 2, and Sri P.Veera Reddy, learned counsel for respondents 3 to 10, on the other hand, submit that the petitioners are not at all entitled for any compensation, and they have to await the outcome of the suit. According to Sri P. Veera Reddy, the suit itself is untenable, since the mother of the 1st petitioner was married and left the family about 40 years ago. The petitioners seek a direction to the 2nd respondent, to refer the matter to the Civil Court under Section 30 of the Act. It is not as if the entitlement of the petitioners is either undisputed, or determined by any court, as of now. Admittedly, the suit ﬁled by the petitioners is pending. Any direction to the 2nd respondent to refer the matter to the Civil Court, at this stage, would in fact, become a contradiction in terms. The petitioners have to await the outcome of the suit instituted by them. Their interests can be protected, by directing that respondents 3 to 10 can ﬁle an undertaking before the Court of Junior Civil Judge, Jammalamadugu, to the eﬀect that in the event of any preliminary decree being passed, conferring any right upon the petitioners, vis-à-vis the acquired property, they shall deposit the corresponding share of compensation into Court. Hence, the writ petition is disposed of, directing that respondents 3 to 10 shall ﬁle an undertaking before the Court of Junior Civil Judge, Jammalamadugu, in O.S.No.84 of 2007, to the eﬀect that in the event of any decree being passed holding that the petitioners are entitled for any share in the acquired property, they shall deposit the corresponding share of compensation for the acquired land. There shall be no order as to costs. ___________________ 23rd October 2008 PAN