D.S.R.Ch.Bhavani Sankar, E.G.District And Another. v. The Dfist Collector, E.G.Dist, Kakinada And 2 Others,

HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.10301 OF 2006 ORDER:

1.

This writ petition is filed seeking to issue a Writ of Mandamus declaring the land acquisition notification dated 2.5.2006 issued by the 1st respondent seeking to acquire the land in Sy.No.699 admeasuring Ac.8.00 cents owned by the 3rd respondent-temple and possessed by the petitioners, by invoking urgency clause, as arbitrary and illegal and consequently, to direct respondents Nos.1 and 2 not to acquire the lands of the 3rd respondent-temple.

2.

Heard Sri K. Chidambaram, learned Counsel for the petitioners and the learned Government Pleader for Land Acquisition. 3.

It has been submitted by the learned Counsel for the petitioners that the petitioners are the lessees of the lands owned by the 3rd respondenttemple and they are paying the maktha regularly to the temple and that the petitioners are landless poor and they have no other land except the lands of the 3rd respondent, on which they are doing cultivation and eking out their livelihood, and that if the lands owned by the 3rd respondenttemple are acquired by respondents Nos.1 and 2, the petitioners would suffer irreparable loss and hardship. Further, it has been submitted that there are alternative lands belonging to the Government, to acquire and distribute to the poor section of people as house sites. 4.

The learned Government Pleader for Land Acquisition submits that he has obtained latest instructions during December, 2017, according to which, the State Government acquired alternative lands available in the village and distributed the same to the landless poor and that respondents

Nos.1 and 2 have dropped the proceedings initiated under the Land Acquisition Act to acquire the lands of the 3rd respondent-temple. 5.

Recording the submission made by the learned Government Pleader for Land Acquisition that the lands of the 3rd respondent-temple, more particularly, in Sy.No.699 admeasuring Ac.8.00 cents, are not being acquired by respondents Nos.1 and 2, the Writ Petition is closed. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE ABHINAND KUMAR SHAVILI Dated: 2nd February, 2018.

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HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.10301 OF 2006 2/02/2018 Nn.