ORDER:

This writ petition has been filed under Article 226 of Constitution of India seeking the following relief:-

“…to issue a writ, order or direction particularly one in the nature of writ of Mandamus, declaring the notification bearing No.S.O.1083 (E), dated 13-4-2-23 issued by the Official Respondents under section 3D(1) of the National High Ways Act, 1956, pursuant to the earlier notification bearing No.4111(E), dated 21.09.2022 issued under Section 3A(1) of the said Act, with regard to the acquisition of land S.No.128, admeasuring Ac.232gts., situated at Marchal village of Kalwakurthy Mandal, Nagarkurnool District, for the purpose of widening of the NH-167K, Kalwakurthy-Kollapur Section from k.m 0.00 to k.m 20.45 (within the jurisdiction of Kalwakurthy Revenue Division), and the acts of the respondent No.4 in proposing to determine and disburse the compensation amount to the respondent No.6 during pendency of the civil suit in O.S.No.122 of 2022 with regard to title of the subject land S.No.128 and not referring the dispute for decision of the competent Court, as arbitrary, contrary to the section 3D and 3H of the National Highways Act 1956, violative of Article 21 and Article 300-A of the Constitution of India, illegal and void and consequently direct the respondents to delete the extent Ac.116 gts of land in S.No.128 from the said Notification dated 13.04.2023 by referring dispute with regard to payment of compensation amount to the competent Civil Court and pass...”

2. The facts giving rise to the filing of the writ petition are as follows: The petitioner claims to be the owner and possessor of the subject land in Sy.No.128 admeasuring Ac.4.20 Gts, Northern portion (out of total extent of Ac.9.26 Gts). The subject land and another land in Sy.No.127, thus totaling to Ac.19.13 Gts was jointly purchased by the petitioner and respondent No.5 by way of registered sale deed vide document No.2895/2022, dated 19.12.2022. The said land was purchased for the benefit of the petitioner, who is a deaf and dumb person. The said lands were orally partitioned between the petitioner and respondent No.5 in which northern portion fell to the share of the petitioner in Sy.No.128 and that she is in possession of the said land and the land to an extent of about Ac.5.00 fell to the share of respondent No.5. The petitioner's name was mutated as the pattadar in the revenue record in respect of the land fell to her share and separate sub-division numbers were assigned. The Partition Deed entered in between respondent Nos.5 and 6 by obtaining signature of the petitioner by mis-representation. Aggrieved by the said alleged partition deed, the petitioner has filed i.e. O.S.No.122 of 2022 on the file of learned Senior Civil Judge, Kalwakurthy, seeking for declaration and cancellation of said partition deed, dated 23.12.2009. During the pendency of the suit, a Notification dated 21.09.2022 was issued by respondent No.4, under Section 3(A)(1) of the National Highways Act, 1956, intending to acquire the lands for the purpose of National Highway No.167-A, Kalwakurthy – Kollapur Section from Km.0.00 to K.m.20.45, within the limits of the Revenue Divisional Officer, Kalwakurthy divisions, and respondent No.4 was appointed as the Competent Authority. After that, the petitioner made a representation dated 07.12.2022 and also subsequent to the Notification dated 09.01.2023, to respondent No.4, raising objections to acquire the said land and bringing to the notice of respondent No.4 about the notice issued in O.S.No.122 of 2022, pending on the file of learned Senior Civil Judge, Kalwakurthy. In view of the pendency of the suit, there is a claim on the compensation made by the petitioner as well as respondent Nos.5 and 6. The petitioner filed the present writ petition seeking both questioning the notification and disbursement of compensation in so far as the land in Sy.No.128, admeasuring Ac.2-32 gts, situated at Marchal village of Kalwakurthy Ma