LAXMANNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed for a mandamus to declare the action of respondent No.2 in not referring the dispute raised by the petitioners for adjudication under Section 18 of the Land Acquisition Act, 1894 (for short "the Act") in respect of property bearing No.17-35/1, 17-31 of Uddigadda village, Dharoor Mandal, Mahaboobnagar District, as illegal and arbitrary.

(2.) An award was passed in respect of the above mentioned property by respondent No.2 on 28-3-1992. As there was a dispute as to the persons entitled to receive the compensation, the same was referred to the Court of the learned Senior Civil Judge, Gadwal (for short "the Civil Court") under Sections 30 and 31 of the Act by respondent No.2. The Civil Court disposed of the said reference by Judgment and Decree dated 24-10-2006, holding that respondent No.1 therein i.e., the father of the petitioners, alone is entitled to receive the compensation amount. The petitioners have received the compensation on 21-7- 2007. Thereafter, they have made an application to respondent No.2 on 24-4-2007 with a request to refer the dispute to the Civil Court for enhancement of compensation under Section 18 of the Act. As no action on this application was taken, the petitioners filed this Writ Petition.

(3.) Under the proviso to sub-section (2) of Section 18 of the Act, if the person making the application for reference was present or represented before the Collector at the time when he made his award, he shall make such application within six months from the date of the award and in other cases, within two months from the date of service of notice from the Collector under Section 12(2) of the Act.