D. Naga Bhushanam, Eg District And 6 Others v. Gm (Oandm), Gas Authority Of India Ltd., Rajahmundry And 3 Other

HON'BLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.5808 of 2015 ORDER:

Heard the learned counsel for the petitioners as well as the learned Standing counsel appearing for the 1st respondent authority.

The prayer sought in the writ petition is as under: "... to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the impugned action of the 1st respondent proceeding to lay pipe line in fertile agricultural lands of petitioners without any acquisition, notification etc., and further action of 2nd respondent and 3rd respondent in not taking any action against 1st respondent in spite of representations made by petitioners as illegal, arbitrary, violative of Article 14 and 21 of the Constitution of India." During the course of arguments, learned Standing counsel appearing for the 1st respondent placed on record the report dated 26.11.2018 issued by the Manager (Construction) of the 1st respondent.

A perusal of the said report would indicate that the land of the 1st petitioner was not acquired. The land of petitioner Nos.2 to 6 has been acquired and compensation has been paid to them. However, the 7th petitioner refused to receive the compensation paid in the form of cheque.

Learned counsel appearing for the petitioners submitted that the 7th petitioner has been advised to receive the compensation from the 1st respondent.

Having regard to the said fact and in the light of the report dated 26.11.2018, which is now made part of the

record, this Court is of the opinion that no further cause would survive in the writ petition.

Accordingly, the writ petition is dismissed. No costs. It is needless to observe that the order passed in this writ petition will not come in the way of the 1st respondent in handing over of the cheque to the 7th petitioner within a period of two weeks from the date of receipt of a copy of this order.

Miscellaneous petitions, if any, shall also stand dismissed.

_____________________ P. KESHAVA RAO, J Date: 28.11.2018.

ES