Tangirala Rama Krishna, S/O T.Krishna Murthy, v. Government Of Andhra Pradesh Represented Byits

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.4478 of 2007 Dated 27th June, 2011 Between:

Tangirala Rama Krishna and others

...Petitioner

And Government of Andhra Pradesh, rep.by its Secretary, Land Acquisition, Secretariat, Hyderabad and others

...Respondents

Counsel for the petitioners: Sri Krishna Gahloth for Sri V.Venkataramana Counsel for respondent Nos.1 to 3: GP for Land Acquisition Counsel for respondent Nos.2 & 4: Sri Ravindra Yanamanda The Court made the following:

ORDER:

At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for the substantive relief: "...to issue a Writ of Mandamus or any other appropriate writ declaring that the action of the respondents in not considering and accepting the objections of the petitioners under Section 5-A of the Land Acquisition Act, 1894 and continuing acquisition of the lands in Sy.Nos.368/EE/1/1 368/EE/1/2, 368/U/1 to 3 and 368/E2 totally admeasuring Acs.5.

00 belonging to the petitioners for the so called public purpose of township is arbitrary and illegal, if necessary by declaring that the 3rd respondent has no jurisdiction to consider objections under Section 5-A of the Land Acquisition Act, 1894 and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners over the subject land." At the hearing, it is submitted by the learned counsel for the petitioners that the issue raised in this writ petition is squarely covered by the judgment of this Court in Gajjela Narasimha Reddy and others v. Collector, Ranga Reddy District and another[1]. Sri Y.

Standing Counsel for respondent No.2, has fairly conceded to this submission.

Having regard to the ratio laid down in the above noted judgment, this writ petition is allowed in terms thereof and all the land acquisition proceedings are quashed with liberty to the respondents to initiate fresh proceedings in accordance with law.

As a sequel to disposal of the writ petition, W.P.M.P.No.5707 of 2007 and W.V.M.P.No.725 of 2008 are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 27th June, 2011 VGB [1] 2008 (5) ALT 233