Mekala Pullaiah, v. State Of Andhra Pradesh, Rep. By Its Principal Secretary

HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.10923 of 2017 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India, for the following relief: "To issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not considering the objections/representation submitted on 04.07.2016 and 23.01.2017 by the petitioner and his claim for compensation for his land of Ac.1.31 cents covered by Survey No.54/A/4 situated in Kivvaka Revenue Village in Kukunuru Mandal of West Godavari District, pursuant to Notification in Roc.No.E1263448/2016/R&R, dated 22.06.

2016 issued by 2nd respondent, as illegal, irregular, irrational and amounts to non-discharge of legal obligation under Sections 15, 21, 22 and 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to consider the petitioner's claim and pay him compensation or alternatively refer the dispute to the competent authority under Section 64 of said Statute by depositing compensation with competent authority under Section 77 thereof ...."

2.

Heard learned counsel for the petitioner, learned Government Pleader appearing for Respondents 1 to 3 and the learned counsel appearing for Respondent No.4, apart from perusing the material available on record.

3.

In the present Writ Petition, the petitioner herein is disputing the right of respondent No.4 in receiving compensation amount in respect of the subject properties. It is submitted by the learned Government Pleader, on instructions, that award has not yet been passed in respect of the subject properties and it is open for the petitioner as well as respondent No.4 to raise their claims before the Authorities under Act 30 of 2013.

4.

Having regard to the submission made by the learned counsel for the petitioner, learned Government Pleader for Respondent Nos.1 to 3 and the learned counsel for respondent No.4, this Court is of the considered opinion that ends of justice would be served if the petitioner as well as respondent No.4 are permitted to raise their claims before the respondent authorities with regard to their right over the property.

5.

For the aforesaid reasons, the Writ Petition is disposed of, keeping it open to the petitioner as well as respondent No.4 to raise their respective claims before the respondent authorities and it is open for the respondent authorities to consider the same and pass appropriate orders, in accordance with law.

6.

As a sequel, Miscellaneous Petitions pending consideration, if any, in the Writ Petition shall stand closed. No order as to costs.

__________________________ JUSTICE A.V. SESHA SAI 28.03.2017.

Msr

HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.10923 of 2017 28.03.2017 Msr