ORDER:

The Writ Petition is filed for the following relief:

“…to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondent Nos.2 and 3, in not referring the written objections and claims made by the petitioner herein on various dates i.e., 07.10.2009, 13.07.2012, 22.09.2015 and 05.10.2015, in respect of the house property bearing No.4- 49 (Old No.2-77), situated at Vardhavalli Village, Boinpally Mandal, Karimnagar District, for payment of compensation under Land Acquisition Act, acquired for the purpose of Mid Maneru Reservoir, and in trying to pay the compensation exclusively to the 4th respondent as illegal, arbitrary, contrary to the provisions of Land Acquisition Act, and consequently, direct respondent Nos.2 and 3 to refer the dispute to the competent Court of law under Section 30 of the Land Acquisition Act for determination of rights of the petitioner and 4th respondent herein, in respect of house property bearing No.4-49 (old No.2-77), situated at Vardhavalli Village, Boinpally Mandal, Karimnagar District, for payment of compensation under Land Acquisition Act, or in the alternative, to record objections and pay the 50% of the compensation amount in favour of the petitioner, in respect of the said property, and to pass such other order or orders …”

2. Considered the submissions of learned counsel for the parties and perused the record.

3. The petitioner claims to be the owner and possessor of house bearing No.2-77 (Revised No.4-49), admeasuring 484 sq. yrds in Vardavalli Village. It is the case of the petitioner that he had succeeded the said property from his predecessors in interest and he is in joint possession of the property along with 4th respondent. It is the case of the petitioner that respondent Nos.1 to 3 have issued notification under Sections 4(1) and 6 of the Land Acquisition Act, 1894 (for short, “the Act”) for acquisition of lands and houses, for the purpose of construction of the Mid Maneru Reservoir. It is the further case of the petitioner, that respondent No.4, taking advantage of the absence of the petitioner in the said Village, entered his name in the village records and started claiming him as the absolute owner of the property, for receiving compensation in lieu of acquisition of house property.

4. The grievance of the petitioner is that he has submitted various representations dated 07.10.2009, 13.07.2012 and 22.09.2015 and also issued legal notice to the respondents, requesting, not to pay the entire compensation amount to respondent No.4, unless the shares in respect of the acquired property are determined by the competent Court.

5. Respondent No.3, filed counter affidavit stating that the petitioner has not filed any objections during the course of enquiry, under Section 5-A of the Act. Subsequently, the Land Acquisition Officer had conducted enquiry in the Village including the subject property; and after following the procedure as contemplated under Section 30 of the Act of 2013, a general Award was passed vide Award No.04/2015-16, dated 09.10.2015, including the subject property. It is further stated that the compensation amount of Rs.13,17,076/- for the subject property was not disbursed to anybody and as there are disputes between the family members, the matter has been referred to the Authority for Land Acquisition, Rehabilitation and Resettlement at Hyderabad under Section 77 read with Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, “Act, 2013”) for proper adjudication vide Letter No.D/42/2008, dated 01.08.2019.

7. Learned Government Pleader for Land Acquisition, submits that that, since acting upon the representation made by the petitioner, the matter was referred to the State Government, for the purpose of settlement, under Section 77 of the Act, 2013 with regard to the subject property, the cause in the Writ Petition does not su