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Judgment
Ashok B. Hinchigeri
The petitioners'' grievance is on account of non-disbursement of the compensation amount for the schedule property, which is acquired by the respondents.
The Learned Counsel for the petitioners Sri Surendra Kumar submits that the petitioners'' father is the grantee of the land in question. He submits that, even without issuing the award notice to them, the proceedings are concluded by the Special Land Acquisition Officer. The petitioners have an apprehension that the compensation amount may be disbursed to the respondent No. 5.
Sri Basavaraj V. Sabarad, the Learned Counsel for the respondent Nos. 2 and 3 submits that the respondent No. 5 has filed W.P. No. 9681/2011 and that this Court disposed it off by its order, dated 09.09.2011, as follows:
5 It is needless to observe that the 4th respondent - Tahsildar would take all necessary steps to submit a joint measurement report and also furnish other requisite documents to respondents 1 to 3 and the same would be considered along wish any other rival claims and the compensation. if any, should be disbursed to the petitioner in accordance with law. The 4th respondent -Tahsildar is granted one month''s time to submit joint measurement report and other requisite details to respondent No.3, from, the date of receipt of a certified copy of this order. The Tahsildar shall consider the case of the petitioner in accordance with law.
He submits that the Tahsildar''s report is yet to be received by the 3rd respondent. He submits that the amounts are not being disbursed hurriedly to anybody.
Sri M. Siddagangaiah, the Learned Counsel for the respondent. No. 5 submits that the schedule property has fallen to the share of respondent No. 5 in the family partition.
Sri Venkatesh Dodderi, the learned AGA appearing for the respondent No. 1 submits that, in view of the advancement of the rival claims, the necessary direction may be issued to the Special Land Acquisition Officer to send the matter to the Reference Court.
On hearing the learned advocates, these petitions are disposed of with a direction to the respondent No. 3 to examine the claims of all the interested persons and then take a decision in the matter of disbursement of compensation. If the respondent No.3 finds that the complicated questions of title are involved, he shall refer the matter to the Reference Court under Sections 30 and 31 of the Land Acquisition Act, 1894.
Needless to observe that it is also open to the petitioners to make the necessary application seeking the reference of the matter to the Reference Court.
No order as to costs.