BODELA SIVA BHASKAR REDDY Vs. GOVERNMENT OF ANDHRA PRADESH REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition is filed for a Mandamus to declare the action of respondents 2 and 3 in passing award in respect of H.No.NS-435 in Sy.No.127/1 to 9 and H.Nos.NS-437 to NS-448 in an extent of Ac.2.19 cents comprised in Sy.No.127/15 and 16 of Obannapeta fields, R.S. Kondapuram Mandal, Kadapa District, without referring the dispute to the civil court under Section 30 of the Land Acquisition Act, 1894 (for short 'the Act'), as illegal and arbitrary.

(2.) I have heard Mr. Venkatesh Kodumury, learned counsel for the petitioners, learned Assistant Government Pleader for Land Acquisition representing respondents 1 to 4 and Mr. G.Ramachandra Reddy, learned counsel for respondents 5 to 16. I have also perused the record.

(3.) The above-mentioned properties along with other properties were notified for acquisition as they came under sub-mergence of Gandikota Project. The properties were notified in the names of respondents 5 to 16 (for short 'the private respondents'). Apprehending that the Land Acquisition Officer may pass award in favour of the private respondents, the petitioners have filed W.P.No.6094 of 2012. The said writ petition was disposed of by this Court by order dated 06.03.2012 giving liberty to the petitioners to participate in the award enquiry. This Court however made it clear that if the Land Acquisition Officer feels that there are more than one claim in respect of the land in question, he shall refer the dispute to the competent civil court under Section 30 of the Act. The petitioners have again approached this Court by way of the present writ petition with the grievance that despite the claims made by them in the award enquiry, the Land Acquisition Officer has not referred the matter to the competent civil court under Section 30 of the Act and instead he is seeking to disburse the compensation to the private respondents.