IMPORTANT POINT
The High Court will not entertain writ petitions involving disputed questions of fact when an effective alternative remedy exists under the relevant Act.

ORDER :

U. Durga Prasad Rao, J.

1. In this writ petition filed under Article 226 of the Constitution of India the petitioners prays for writ of mandamus declaring the action of official respondents 3 and 4 in proposing to pay the entire compensation amount of Rs.13,23,877/- to the unofficial respondent No. 7 exclusively instead of paying only 1/6th share therein to her in respect of the acquired land in an extent of Ac.1.51 cents in Sy.No.187/4 of Dandangi Village, Devipatnam Mandal, East Godavari District as illegal, arbitrary and contrary to the provisions of The Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [for short "Act 30 of 2013"] and consequently direct the respondents 3 and 4 not to pay compensation till the title dispute determined under the Act.

2. Petitioners' case succinctly is thus:

(a) The petitioners 1, 2, 4 and 5 and the wife of 3rd petitioner and 7th respondent are own sisters and they are the daughters of late Mutyala Kondala Rayudu of Chinnaramanayyapeta, Devipatnam Mandal, East Godavari District. They were granted ryotwari patta for an extent of Ac.7.56 cents in R.S. No.158 and Ac.1.51 cents in S.No.187/4 of Dandangi Village after Dandagiri Zamindari Estate was abolished under the provisions of Andhra Pradesh Estate (Abolition and Conversion into Ryotvari) Act, 1948 and taken over by the Government on 10.09.1952. A joint patta was issued in favour of the petitioners and the 7th respondent and since then all of them have been enjoying the aforesaid land jointly and their names were incorporated in fair adangal of Dandagiri Village and pattadar passbooks were also issued in the year 1980 incorporating the names of the six sisters.

(b) While so, in the year 2012 the Government for the purpose of Indira Sagar (Polavaram) Project acquired 88.710 hectares of land including the aforesaid land of the petitioners and 7th respondent by following the provisions of Act 30 of 2013. In the Form No.IX, the names of the petitioners and 7th respondent were shown as claimants for Ac. 7.56 cents and Ac. 1.51 cents covered by survey Nos. 158 and 187/4. After passing of the award, the petitioners and 7th respondent approached the 4th respondent for payment of compensation and accordingly with respect to the land in an extent of Ac.7.56 cents covered by Sy.No.158, all the six sisters were paid compensation amount of Rs.66,28,152 @ Rs.11,04.692/- per head. However the remaining extent of Ac.1.51 cents in Sy.No.187/4 is concerned, the Acquisition Authorities informed that the compensation amount will be paid to the rightful owners after the clearance of the title disputes among the family members and accordingly notice dated 14.05.2015 U/s 37[2] Rule 26 of the Act 30 of 2013 was issued by the authorities to the petitioners and 7th respondents. Pursuant to it, the petitioners submitted a representation to respondents 3 and 4 requesting to pay the compensation to all the sharers equally. When there was no response, the petitioners again sent a representation dated 26.10.2015 to the authorities ether to pay compensation equally to the 6 sisters or refer the matter to the competent authorities U/s 64 of Act 30 of 2013 to resolve the dispute. While the matter stood, on enquiry the petitioners came to know that the 4th respondent/LAO was proposing to pay the compensation amount to the 7th respondent and in fact, prepared a bill dated 19.12.2015 and directed the 8th respondent to pay the entire compensation to the 7th respondent exclusively. Hence the writ petitioners got issued legal notice dated 14.12.2015 to the 4th 4th respondent but there was no response.

Hence the writ petition.

3. 4th respondent filed counter.

(a) While admitting the land acquisition proceedings, it is stated that an Award No. 4 of 2015 dated 05.05.2015 was passed and was approved by the 3rd respondent for acquiring the land admeasuring Ac.91.27 cents in Sy.No.155 etc of Dandangi Village of Devipatnam Mandal