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.32 of 2004). The Sole Defendant (Respondent No.6 herein) filed I.A.No.1483 of 2005 for setting aside the Ex parte Decree. By Order dated 28.12.2005, the I.A.No.1483 of 2005 was dismissed. The Defendant filed Civil Miscellaneous Appeal bearing No.1642 of 2008 on the file of this Court. It is stated at the bar that this Civil Miscellaneous Appeal has been allowed by setting aside the Ex parte Decree, thereby restoring the Original Suit bearing O.S.No.32 of 2004 to its original file. It is also stated at the bar that the Suit is presently pending. It is further stated that Item No.12 of the schedule property in the Suit is the land which is an extent of Ac.2-00 cents in Sy.No.152/4B of Annavarappadu Village, Ongole Mandal, Prakasam District and that out of this land an extent of

2954.20 square meters of land has been acquired by the National Highway Authority of India on 19.04.2012. The Defendant (Respondent No.6 herein) stakes claim over this entire extent of immovable property under Item No.12 of the suit schedule land by virtue of a Will, and therefore, it is his contention that the compensation that ought to be paid by the Land Acquisition Authority should be paid to him. The present Plaintiff disputes this claim of Respondent No.6 herein in the present proceeding as well as in the Suit.

5. In view of the disputed position as regards the Will and the devolution of various properties mentioned in the Will, the compensation for acquiring 2954.20 square meters of land has been kept pending. It is also stated at the bar that while the acquisition took place in the year 2011, award was passed on 19.04.2012 and the compensation that ought to be received by the rightful owner is lying with the Land Acquisition Officer in view of the present subsisting dispute.

These factual aspects are not disputed by any of the parties.

6. By Order dated 03.02.2014, this Hon’ble Court was pleased to grant an interim direction as prayed for;

namely, “to direct the Respondent Nos.1 and 2 not to disburse the compensation amount with respect to 2954.20 square meters of land in Survey No.152/4B of Annavarappadu Village, Ongole Mandal, Prakasam District acquired for extension of N.H.5 pending disposal of this Writ Petition”

7. Sri Vamsi Krishna, learned Assistant Government Pleader appearing for Competent Authority has drawn the attention of this Court regarding the averments in the Counter Affidavit stating that the amount under dispute has not been kept lying in the account of the Land Acquisition Officer.

8. Heard Sri Ramachandra Rao, learned counsel for the Writ Petitioner, Sri Vamsi Krishna, learned Assistant Government Pleader for Land Acquisition, Nuthalapati Krishna Murthy, learned counsel appearing on behalf of the Respondent No.6 and Sri Naga Praveen, learned counsel appea