( 1 ) AN extent of Acs. 58. 63 of land covered by S. No. 511/2 of Palamaneru village was acquired in 1988 for the purpose of establishing industrial estate by a. P. Industrial and Infrastructure Corporation Limited. An Award was passed being Award No. 1 of 1988 on 26. 8. 1988. The first respondent issued notice of Award as required under sub-section (2) of Section 12 of the land Acquisition Act, 1894 (for short, the Act) to all the landowners on 26. 8. 1988. The petitioner, whose land admeasuring Ac. 1. 18 was acquired, was also issued such notice informing that compensation awarded by the first respondent will be paid to the land owners on 17. 9. 1988 at 11. 00 a. m. in the office of the Sub-Collector, Madanapalle, the first respondent herein. The petitioner also appeared before the first respondent and was paid an amount of Rs. 65,457. 05 ps. being compensation for Acs. 1. 18 covered by S. No. 536 belonging to him.

( 2 ) THE petitioner and thirty others filed a writ petition being W. P. No. 4570 of 1994 before this Court alleging that they received compensation under protest and requested the first respondent to make reference under Section 18 (1) of the Act to the civil Court and that the petitioner and others made an application on 22. 9. 1988, and in spite of that reference is not made. They prayed for a direction to the Land Acquisition Officer to refer the matter to the Civil Court. This Court having regard to the concession made by the learned Government Pleader appearing for respondents disposed of the writ petition on 17. 3. 1994 in the following manner.

( 3 ) IN the circumstances, within six weeks from today the first respondent shall dispose of the applications of the petitioners in respect of Award no. 1/1988 - B/6728/85 for reference under Section 18 of the Act and make reference if the petitioners herein sought reference under Section 18 of the Land Acquisition Act, 1894 in time and in compliance with the requirement of Section 18 (2) of the Act and if they received the amount awarded under protest.

( 4 ) IN pursuance of the orders of this Court dt. 17. 3. 1994 the first respondent issued an endorsement dt. 10. 5. 1994 rejecting the request for reference to the Civil Court on two grounds, that the awardees did not protest at the time of taking compensation and that they have received notices under section 12 (2) of the Act without putting the dates and signatures and not applied for reference to Civil Court as required under Section 18 (2) of the Act. The endorsement was addressed to Sri K. R. ,venkatachalam Chetty and others and Mandal Revenue Officer, Palamaneru was requested to serve the endorsement on the petitioners. It is not denied before me that the said endorsement was served only on Sri K. R. Venkatachalam Chetty and not other thirty petitioners in W. P. No. 4570 of 1994.

( 5 ) THE petitioner herein, who was petitioner No. 29 in the earlier writ petition, again filed the present writ petition seeking a Writ of Mandamus directing the second respondent to refer the matter to the Civil Court. In brief his case is as follows.

( 6 ) HE alleges that he made application under Section 18 (2) of the Act on 22. 9. 1988 within the time prescribed under law. When there was no response, he along with others filed W. P. No. 4570 of 1994. Though this court directed the respondents to dispose of the applications for reference, no action was taken and hence writ petition is filed seeking direction to refer the matter.

( 7 ) IN the counter-affidavit the Government came forward stating that pursuant to orders of this Court applications made by the petitioners and others were rejected on 10. 5. 1994 and that the petitioner did not file any application before the first respondent on 22. 9. 1988 under Section 18 of the Act. An application dt. 30. 5. 1990 signed by twelve persons was submitted to the first respondent. The petitioner was one of the persons who signed the application dt. 30. 5. 1990. By then th