ORDER:

The present Writ Petition has been filed seeking a direction to the Competent Authority & Special Deputy Collector (L.A.), National Highway-5, Prakasam District, Ongole to refer the dispute between the Writ Petitioner and the Respondent No.6 under Section 3(H)(4) of the National Highways Act, 1956 to a Competent Civil Court for proper adjudication of the Civil dispute subsisting between the Writ Petitioner and the Respondent No.6.

2. Section 3(H)(4) is reproduced hereunder:

(1) ... (2) ... (3) ...

(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.

3. It is submitted that there is a Partition Suit pending before the District Court, Ongole bearing O.S.No.32 of 2004 between various siblings wherein the Writ Petitioner is one of the impleaded legal representative of the Plaintiff (Plaintiff is the father).

4. It is further submitted that on 28.09.2005 an Ex parte Decree was passed in the Partition Suit (O.S.No.