ORDER

The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…issue Writ of Mandamus declaring the action of respondents in proposing to pay compensation for the land admeasuring Ac.0.56 cents in R.S.No.147/3 and Ac.1.02 cents in R.S.No.147/6 of Ponangi Village, Eluru Mandal, West Godavari District in favour of 5th respondent without considering the objections filed by petitioner, as illegal, arbitrary and violative of principles of natural justice and contrary to Section 76 and 77 of Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act and Rules framed thereunder, and consequently direct the respondents not to disburse the compensation to the 5th respondent in respect of land admeasuring Ac.0.56 cents in R.S.No.147/3 and Ac.1.02 cents in R.S.No.147/6 of Ponangi Village, Eluru Mandal, West Godavari District and pass such other order or orders…”

2. Averments in affidavit, in brief, are that :

(a) the land of an extent of Ac.0.56 cents in R.S.No.147/3 and Ac.1.02 cents in R.S.No.147/6 of Ponangi Village, Eluru Mandal, West Godavari District, was acquired by the petitioner’s mother by name Smt.Hayat Begum through a partition deed dated 06.07.1971. Smt.Hayat Begum died intestate on 03.02.2007. Smt.Hayat Begum blessed with four children i.e. petitioner, Jagirdar Mir Kazim Ali, late Mir Laik Ali and Fathima Sultana Begum.

(b) Respondent No.2 issued paper publication in Form-

C under Rule 6 and 12 of Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2018 (herein after referred to as ‘the Act’), calling for objections, if any, within 15 days from the date of publication. Name of respondent No.5 has been mentioned as interested person in respect of subject property referred to supra. Petitioner submitted objection before Spandana program on 27.01.2020 and also got issued legal notice on 08.02.2020. Petitioner filed O.S.No.93 of 2020 on the file of the II Addl. Junior Civil Judge’s Court, Eluru. Petitioner also got issued another legal notice dated 29.02.2020. Apprehending that the respondent authorities are paying compensation in favour of respondent No.5, without referring the dispute to the competent authority under Section 76 of the Act, petitioner filed the above writ petition.

3. Counter affidavit was filed on behalf of respondent Nos.1 to 4. Respondent No.4 deposed the counter affidavit. It was contended inter-alia, that:

(a) Smt.Hayat Begum got an extent of Ac.3.58 cents through the registered partition deed dated 06.07.1971. Smt.Hayat Begum executed a registered settlement deed over an extent of Ac.2.00 cents in R.S.No.147/6 in favour of her daughter by name Fathima Sulthana Begum vide Document No.8308/1995, dated 24.12.1985 and also executed unregistered will deed dated 02.01.2007, in favour of her parental grandson namely Meer Mazhar Ali, son of J.M.Kazim Ali. Said Mazhar Ali, in turn, executed a settlement deed vide Document No.1898/2011, dated 21.03.2011, in favour of respondent No.5. Revenue authorities updated the Record of Rights in the name of respondent No.5.

(b) Based upon endorsement made in the revenue records and as per enjoyment of land, respondent Nos.2 & 4 initiated land acquisition proposal, for acquisition of scheduled land for the purpose of providing house sites to the poor people. Notification in Form-C was issued by respondent No.2 on 18.01.2020. Petitioner filed objection petition before Spandana Program on 27.01.2020 and sent legal notice dated 08.02.2020. In view of family disputes, the amount was kept in abeyance, without making any payment till the matter is settled by the Court.

(c) Land of an extent of Ac.42.21 cents, including the land claiming by the petitioner as well as the respondent No.5, was notified in Form-C. In view of disputes among the family members of late Smt.Hayth Begum, the Land Acquisition Officer and the Revenue Divisional Of