Mr.G.Narayana Swamy v. The District Collector,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 29210 OF 2012 O R D E R:

Heard Sri Mirza Safiullah Baig, learned counsel on behalf of the petitioners since Sri J. Lokesh Reddy, learned counsel died. This Writ Petition is filed questioning the proposal of land acquisition vide letter dated 01.08.2012 of the 4th respondent addressed to the 2nd respondent. It has been averred in the affidavit filed in support of the Writ Petition that the respondents have been high-handedly interfering with the possession of the petitioners without paying any compensation and without there being any proceedings initiated under the Land Acquisition Act, 1894 (for short, 'the Act').

While admitting the Writ Petition on 18.09.2012, this Court directed the respondents not to take any steps for demolition of the property of the petitioners, without following due process of law. It was also made clear that if the property of the petitioners is required for any public purpose, the respondents were not precluded from notifying the same in accordance with law. Seeking vacation of the said order, W.V.M.P. No. 2179 of 2017 has been filed, wherein it has categorically been stated that when the notification under Section 4(1) of the Act was issued on 22.07.2012, the petitioners had challenged the said proceedings in Writ Petition No. 36413 of 2013 and obtained stay of the said proceedings.

Inasmuch as the scope of Writ Petition being limited and the petitioners have already taken steps to assert their right in

accordance with law by filing another Writ Petition, which is pending, the present Writ Petition is closed, leaving it open to the petitioners to pursue their remedies to protect their rights in accordance with law. No costs.

Consequently, the miscellaneous Applications, if any shall also stand closed.

____________________________ CHALLA KODANDA RAM, J 13th July 2017 ksld