C.Thimmaiah, v. The State Of Andhra Pradesh
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] WEDNESDAY THE THIRTYFIRST DAY OF AUGUST, 2016 PRESENT Between:
C. Thimmaiah & Ors.
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Petitioners V/s.
The State of Andhra Pradesh Represented by its Secretary Department of Roads & Buildings [R & B] Secretariat, Hyderabad & Ors.
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Respondents Counsel for the Petitioners:
Sri P. Narahari Babu Counsel for the Respondents:
GP for Land Acquisition [TG] GP for Land Acquisition [AP] The court made the following:
[order follows]
O R D E R :
Vide the present writ petition, petitioners seek mandamus to declare the action of respondent authorities without following any procedure known to law and without any notice to the petitioners straightaway laying a road from Pennukonda to Madakasira through petitioners patta lands from Peddamanthur Roppala to Peddamanthur village though petitioners made representation for compensation for acquiring their lands and not considerating the same till this date, as illegal, arbitrary and violative of principles of natural justice and violative of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [Act No.30/2013] and consequently to direct the respondents to pay compensation to the petitioners in respect of their lands as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [Act
No.30/2013] and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case.
2. Heard Sri P. Narahari Babu, learned counsel for the petitioners and learned Government Pleader for Land Acquisition [TG] and [AP].
3. After hearing some arguments, counsel for the petitioners seek leave of this Court to withdraw the writ petition with liberty to file fresh representation along with relevant documents to the respondents within two weeks from the date of receipt of a copy of this order.
4. Leave is accordingly granted with liberty as prayed for.
5. I hereby make it clear that the respondents shall consider and decide the representation to be made by the petitioners after affording reasonable opportunity of hearing to the petitioners and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of such representation. I further make it clear that the orders passed by the
respondents on the representation mentioned above shall be communicated to the petitioners in writing within one week thereafter. If the petitioners are still aggrieved, they may approach the appropriate forum for redressal of their grievance.
6. In view of the above direction, the writ petition is dismissed, as withdrawn. No costs.
7. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.
___________________________________ JUSTICE SURESH KUMAR KAIT.
31/08/2016 I s L
Date: 31/08/2016 Circulation No.
Court Master: I s L