THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5252 of 2007 July 02, 2010 Between: Bade Nambaiah, S/o.Chandraiah And others … Petitioners And The Government of Andhra Pradesh, represented by its Secretary, Land Acquisition Department, Hyderabad And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5252 of 2007 ORDER: The petitioners are from Ramagundam. Their land admeasuring Acs.7.02 guntas in S.No.219 of Allur Village was acquired under the Land Acquisition Act, 1894 (LA Act) by the State for coal mining operations on the requisition of Singareni Collieries Company Limited. An award was passed by third respondent on 15.1.1997. The petitioners allege that notice of award was not issued to them and the award was not passed in their presence. Third respondent referred the matter to Revenue Divisional Officer (RDO), Peddapalli, thinking that the land is seth sindi inam land. Petitioners claimed compensation. After conducting enquiry, RDO by proceedings dated 16.2.2001 gave finding in favour of petitioners and compensation was paid. In about a month’s time thereafter petitioners filed applications seeking reference to the Civil Court under Section 18 of LA Act. The same were acknowledged by the third respondent on 23.3.2001 but the matter was not referred. Hence the present writ petition seeking Mandamus to third respondent to refer the matter to Civil Court. The counter affidavit is filed. The case of petitioners is not seriously disputed nor the answering respondent disputes the enquiry held by RDO and determination in favour of petitioners only on 16.2.2001. In that view of the matter, the applications are within time as per the Section 18(2)(b) of LA Act as amended by Andhra Pradesh (Amendment) Act No.20 of 1959. Therefore, non-reference to Civil Court is unsustainble. Accordingly the writ petition is allowed and the third respondent is directed to refer the matter to Civil Court under Section 18(2) of LA Act forthwith for determination of compensation by Civil Court. No costs. ________________ (V.V.S. RAO, J) July 02, 2010 YS