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High Court for State of TelanganaWP/30515/2017disposed of no costs

Karibandi Narasimha Rao, v. The State Of Andhra Pradesh,

2017-10-25A Ramalingeswara Rao3 pages

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.Nos.30515 & 34357 OF 2017 COMMON ORDER Since the parties and the issue involved in both the writ petitions is one and the same, they are being disposed of by this common order.

W.P.No.30515 of 2017 is filed by the petitioners, who are arrayed as respondents 5 and 6 in W.P.No.34357 of 2017. The prayer in both the writ petitions is to direct the official respondents to disburse the amount of compensation in respect of the lands admeasuring Ac.1.20 cents in Sy.No.65/5 & Ac.2.30 cents in Sy.No.57 of Toyyeru Village, Devipatnam Mandal, East Godavari District, in their favour. Learned Government Pleader submits that an award was passed in respect of the land of an extent of Ac.2.30 cents in Sy.No.57 in favour of the petitioner in W.P.No.34357 of 2017 and so far as his claim is concerned, there is no dispute and no counter-claim is filed by any party.

In view of the same, the official respondents are directed to pay compensation to the petitioner in W.P.No.34357 of 2017 in respect of the said land. However, so far as the claim in respect of the land in an extent of Ac.1.20 cents in Sy.No.65/5 is concerned, there is claim and counter-claim by the petitioners in W.P.No.30515 of 2017.

Hence, the official respondents are directed to refer the dispute to the competent authority appointed under the Land Acquisition Act, for determining the rights of the parties for payment of compensation in respect of the land of an extent of Ac.1.20 cents in Sy.No.65/5, Thoyyeru Village, Devipatnam Mandal, East Godavari District, within a period of two months from the date of receipt of a copy of this order. In view of the reference, the amount of compensation in respect of Ac.1.20 cents, shall not be disbursed to any party. Subject to the above observations, both the writ petitions are disposed of. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

___________________________________ JUSTICE A.RAMALINGESWARA RAO 25th October, 2017 rkk