IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 4640 of 2008

Between:

• 1 Bala Raju S/o.Ramaswamy R/o.H.No.2-106, Sri Nagar colony, Turkayamzal XRoad Hayathnagar Mandal, R.R.District-501510
• 2 Vijaya Bhaskar S/o.Ramaswamy R/o.SBHGA-38, Venture-II,SBH colony Gaddiannaram, Dilsukhnagar, Hyderabad-500060
• 3 Vinaya Kumar S/o.Ramaswamy R/o.H.No.2-106, Sri nagar colony, Turkayamzal X Road, Hayathnagar Mandal, R.R.District-501123
• 4 K.Sakuntala W/o.K.Kumar R/o.Kakatiya Nagar, Illandu village & Mandal Khammam District -501123
• 5 M.Kalpana W/o.M.Satyanarayana R/o.Plot No.204-206/C,BN Reddy Nagar Vanasthalipuram, R.R.District,-500070
• 6 S.Jyothi W/o.Surender R/o.Opposite Takki Jalli Masjid Nimboliadda Traffic Police station Hyderabad

..... PETITIONER(S)

AND

1 The Distirct Collector (Land Acquisition), R.R.District Lakdikapool, Hyderabad

2 The Land Acquisition officer, and Special Deputy collector, (Land Acquisition ) IAP,Shamshabad, R.R.District-501216

3 The Government of AP., rep.by its Land Acquisition Secretariat, Hyderabad-500004

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus directing the respondent No.2 to make a Reference U/s.30 of LA Act with regard to the claims of these petitioners for proportionate compensation for Ac.7.6 1/2 guntas of the land of Sy.No.503 of Turkayamjal village of Hayathnagar Mandal, R.R.District out of the compensation amount payable therefor under the Award No.C/235/2004 dated 13.6.2006 passed by the 2nd respondent if necessary by way of

making a supplemental Reference U/s.30 of L:A Act to the District court ,R.R.District at L.B.Nagar and to cautiously pursue with all interest and to get such reference numbered as OP in the District court by taking all necessary steps and to pass

Counsel for the Petitioner: MR.D.RAMALINGA SWAMY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following :

ORDER:

The grievance of the petitioners is that though they have sought for reference as provided for under Section 30 of the Land Acquisition Act, 1894 (for short 'the Act'), the Land Acquisition Officer has not referred the matter to the Civil Court. However, the Land Acquisition Officer referred the matter at the instance of some other claimants under Section 18 of the Act and the same was numbered as O.P.No.761 of 2007. However, the same was opposed by the learned Government Pleader for Land Acquisition stating that O.P.No.761 of 2007 is only a reference under Section 30 of the Act, but not a reference under Section 18 of the Act.

The learned counsel for the petitioners fairly submitted that O.P.No.761 of 2007 is only a reference under Section 30 of the Act and not a reference under Section 18 of the Act and the same was referred to the Civil Court at the instance of some other claimants.

As the petitioners have already submitted their applications seeking reference under Section 30 of the Act, and as the matter is referred to a Civil Court under Section 30 of the Act at the instance of some other claimants, the Civil Court, to which the matter is referred to, is hereby directed to implead the petitioners herein also as parties and decide the entitlement of compensation.

Accordingly, this writ petition is disposed of at the admission stage. No costs.

_________________________ GOPALA KRISHNA TAMADA,J

Date: 18.03.2008

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