BURRA LAXMI Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The present writ appeal is arising out of order dtd. 12/7/2010 passed in Writ Petition No.21910 of 2002.

(2.) The facts of the case reveal that the appellants / writ petitioners, who are small farmers and owners of land situate at Bhoopalpally Village, Warangal District, came up before this Court by filing the above writ petition with a prayer to direct the respondents to make a reference under Sec. 18 of the Land Acquisition Act, 1894 (for short, 'the Act') to the Civil Court.

(3.) The facts would further reveal that land to an extent of Acs.192.12 gts. situate in Survey Nos.326, 327 and 328 belonging to writ petitioners, was subjected to proceedings under the Land Acquisition Act, 1894 by the respondent and an award was passed in the matter. The writ petitioners submitted original applications / petitions on 11/4/2000 for referring the matter under Sec. 18 of the Act to the Civil Court. It was stated by the writ petitioners in the aforesaid applications that the subject land was being used for cultivation and they have raised mango, lime, coconut gardens and also raised eucalyptus, eppa, kududu and tunki trees, and therefore, enhancement was sought for Rs.21,000.00 to Rs.5,00,000.00 per acre. The sole grievance of the writ petitioners was that their applications were not forwarded to the Civil Court. Admittedly, the Award was passed on 14/3/2000, and the writ petition was filed in the year 2002. Counter- affidavit was filed in the matter, and the State Government took a plea that the applications preferred by writ petitioners under Sec. 18 of the Act are not available, and there are no entries in the Inward Register. The matter was again taken up on 2/7/2010, and the learned counsel for the writ petitioners / appellants took time to file reply-affidavit. The reply-affidavit was filed and along with the reply- affidavit copies of the original applications / petitions filed under Sec. 18 of the Act were enclosed. In the reply-affidavit, the writ petitioners also brought on record the acknowledgments in receipt of the original applications / petitions obtained by them; and it was also stated that the Inward Register, which has been filed by the State Government, is not relevant for the period in question. The learned Single Judge has dismissed the writ petition by passing the following order which is reproduced as under :