High Court for State of TelanganaWP/36701/2015disposed of no costs

T.K. Radha , G. Radha, v. The State Of A.P. Represented By Its Principal Secretary

2015-11-26Vilas V.Afzulpurkar2 pages

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.36701 OF 2015 ORDER:

Heard.

This Writ Petition is filed alleging inaction on the part of the respondents in paying compensation in pursuance of the Award No.17/2009-10, dated 28.01.2010, passed by the Land Acquisition Officer and Revenue Divisional Officer, Chittoor District.

Learned Government Pleaders for Revenue and Land Acquisition have obtained instructions, which show that the land was acquired by issuance of notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short, 'the Act') in A.P. Gazette, dated 02.03.2008, allowed by local publication and notification under Section 6 of the Act was also published in the same manner on 30.07.2008 in the local news papers. Subsequently, the Award, referred to above, was passed on 23.02.2010 awarding a total compensation of Rs.36,67,491/- and as nobody came forward and whereabouts of the landlords were not known, the said amount was kept in the revenue deposits. It is stated that since the petitioner made a claim with regard to the payment of compensation, it is open for the petitioner to file her claim along with supporting documents before the Land Acquisition Officer and Revenue Divisional Officer, Chittoor, so as to consider her request. The instructions further show that the possession of the land was taken over and handed over to APIIC on 17.02.2011.

In view of the above and in view of the averments in the petition that the petitioner is claiming compensation as a legatee under a Will executed by Smt. Rajammal, dated 10.09.1985, which is stated to be of last Will of the deceased, it is for the petitioner to approach the Land Acquisition Officer and Revenue Divisional

Officer, Chittoor, by making appropriate claim together with the documents and if such a claim is made, it is for the said authority to examine the petitioner's claim on merits and take appropriate decision in the matter. The Writ Petition is accordingly disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 26.11.2015 KH