THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5959 of 2007 06.07.2010 Between: B.Madan Rao And others. ...Petitioners And The Land Acquisition Officer & Revenue Divisional Officer, Utnoor (M), Adilabad District, And another. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5959 of 2007 ORDER: Petitioners are owners of land comprised in survey Nos.52, 56, 61, 63, 67, 68, 242 and 246 of Yenka Village, Utnoor Mandal, Adilabad District. The land was acquired for the purpose of subvergence under Shiv Sagar Project in Adilabad under the Land Acquisition Act, 1894 (the Act, for brevity) and an award No.C/615/02, dated 03.06.2004 was passed. Petitioners allege that on 23.06.2004 itself, they made an application under Section 18 of the Act seeking reference to civil Court for enhancement of compensation. By communication dated 01.11.2006, first respondent refused to refer the matter to civil Court on the grounds that petitioners agreed to accept the compensation, that they have not produced before the Land Acquisition Officer and that they have not filed applications within limitation prescribed under the Act. Aggrieved by the same, present writ petition is filed. Though the matter has been admitted in 2007, counter affidavit is not filed. However, Assistant Government Pleader for Revenue (Land Acquisition) made submissions based on the instructions as well as the records. She submits that compensation was paid on 23.07.2006. If that be so, petitioners application made on 23.06.2004 is certainly within time and especially when no notice of award under Section 12(2) of the Act was issued to petitioners. The writ petition is, therefore, disposed of setting aside the impugned notice of first respondent and further direct him to refer the matter to competent civil Court under Section 18 of the Act. This exercise may be completed within six weeks from the date of receipt of copy of this order. No costs. _______________ (V.V.S.RAO, J) 06.07.2010 Pln