S.T.V. Ramanuja Chary, v. The State Of Andhra Pradesh

The Hon'ble Sri Justice A.V.Sesha Sai Writ Petition No.6217 of 2017 Date: 08.03.2017 Order:

This Writ Petition is filed for the following substantive relief: "to issue a writ, an order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in not referring the matter to Authority as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 inspite of Petitioner objections made on 16.12.2016 covered under Final Notification issued vide Rc.No.E-126335/2016 R&R dt.22.9.2016 published in Andhra Jyothi Daily News Paper in respect of lands situated in Survey Numbers 351, 353, 354 and 355 admeasuring Ac.7-14 gts, Ac.1-06 gts, Ac.3-25 gts and Ac.

5-09 gtsrespectively situated in Padaraigudem Village of Kukkunuru Mandal of West Godavari District and trying to pay the compensation amounts of land in question in favour of respondent No.4 to 13 herein is arbitrary, illegal and violative of Articles 14 and 300 A of the Constitution of India and contrary to the Rule 3 of A.P.Schedule Area Land Transfer Regulation Act, (Act 1/1959) and its amendment Act 1/1970 and consequently to direct the 3rd respondent to refer the matter to the competent authority under the Act by duly depositing the entire compensation amount in respect of land in question."

AVSS, J W.P.No.6217 of 2017 Dt: 08.03.2017 Heard the learned Counsel for the petitioner and the learned Government Pleader for Land Acquisition (AP) appearing for respondent Nos.1 to 3. Perused the material available on record. In the present Writ Petition, the petitioner is disputing the right of the unofficial respondents to receive the compensation amount in respect of the subject property.

It is submitted by the learned Government Pleader, on instructions, that the award has not yet been passed in respect of the subject property and that it is open for the petitioner as well as the unofficial respondents to raise their claims before the authorities under Act 30 of 2013.

Having heard the submissions made by the learned Counsel for the petitioner and the learned Government Pleader, this Court is of the considered opinion that the ends of justice would be served, if the petitioner as well as the unofficial respondents are permitted to raise their respective claims relating to the subject property before the respondent authorities.

Subject to the liberty given as above, the Writ Petition is disposed of.

As a sequel to disposal of the Writ Petition, Miscellaneous Petitions, pending if any, stand disposed of as infructuous. _______________ (A.V.Sesha Sai, J) Dt: 8th March, 2017 lur

AVSS, J W.P.No.6217 of 2017 Dt: 08.03.2017