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High Court for State of TelanganaWP/22959/2008closed no costs

M/S. Vallabha Estates Pvt. Ltd., Rep. By Its Managing v. The Government Of Andhra Pradesh, Rep. By Its

2017-08-09S.V.Bhatt2 pages

HON'BLE SRI JUSTICE S.V. BHATT W.P. No.22959 OF 2008 ORDER:

Heard Mr.M.Rajesh holding for Mr.Hari kishan Kudikala for petitioner and the learned Assistant Government Pleader for Land Acquisition.

The petitioner prays for the following relief: " ...writ in the nature of mandamus, declaring the notification dated 02.09.2008 issued under Section 4(1) of the Land Acquisition Act by the 2nd respondent herein in proposing to acquire an extent of 4 acres in Sy.No. 137 of Vattinagulapally Village, Rajendranagar Mandal, Ranga Reddy District belonging to the petitioner-company herein, which forms part of total extent of 56 acres for establishment of IT Park and allied projects by Andhra Pradesh Industrial Infrastructure Corporation (APIIC) Ltd., Hyderabad, as illegal, arbitrary, unlawful, unauthorised, unconstitutional and contrary to the judgments of the Hon'ble Apex Court and G.O.Ms.No.111, dated 08.03.1996 and Memo No.

14046/I1/07 dated 12.10.2007 consequently direct the 2nd respondent herein not to take any further steps in pursuance of notification dated 02.09.2008 issued under Section 4(1) of the Land Acquisition Act..."

The Assistant Government Pleader places on record letter No.C/ 141/ 2008, dated 09.08.2017 which reads thus: " I invite kind attention to the subject and reference cited, it is to submitted that, the Zonal Manager, Telangana State Industrial Infrastructure Corporation Limited, Hyderabad vide Lr.No.ZM/CYB/TSIIC/Land Acquisition/Vattinagulapally/2004, dt.109-2015 has requested the Special Deputy Collector, Land Acquisition, (IAP), Shamshabad, Ranga Reddy District to withdraw the Land Acquisition proposals for an extent of Ac.297-03 gts. of patta land in Vattinagulapally village.

Accordingly, the Special Deputy Collector, Land Acquisition,(IAP), Shamshabad, Ranga Reddy District has submitted

the withdrawal proposals U/s.93(1) of Land Acquisition Act of 2013 for an extent of Ac.56.00 in Sy.Nos.135, 136 and 137 of Vattinagulapally village of Rajendranagar Mandal to the District Collector vide letter dated 3.10.2015 for approval and forward to the Government for their approval.

Further the District Collector vide letter dt.2-12-2015 has informed this office that in view of the provisions of the new Land Acquisition Act of 2013, the land acquisition proceedings of the old Land Acquisition Act will be lapsed as the Draft Notification was issued in the year 2008 and there may not be any necessity to withdraw the notification and requested to inform the same to the Requisition Department. Accordingly, the requisition Department has been informed, vide letter dt:11-01-2016, of the withdrawal of the acquisition of land to an extent of Ac.56.00 in Sy.No.135, 136 and 137 of Vattinagulappally village.

In view of the facts and circumstances stated above, the acquisition of land in Sy.No.137 admeasuring Acs.4-00 gts. Situated in Vattinagullapally Village, Gandipet Mandal, Ranga Reddy District is withdrawn. Therefore, the above facts may kindly bring to the notice of the Hon'ble High Court."

In view of the latest instructions, the counsel for petitioner does not press the writ prayer.

The writ petition is closed. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed.

___________ S.V.BHATT, J Date: 09.08.2017 Stp