Shahanoor Venkataramarao v. The State Of Andhra Pradesh

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.18193 OF 2017 ORDER:

This Writ petition is filed by the petitioner with the prayer which reads as follows:- " To issue writ, Order, direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in particular the 3rd respondent in referring the matter to the authority civil Court under Section 76 of New L.A.Act, in spite of the objections raised, in connection with the lands of the petitioner situated in Sy.No.5/ A admeasuring Ac.0.05gts, S.No.5/ AA admeasuring Ac.0.05gts, S.No.5/ E admeasuring 0.05gts., S.No.6/ A admeasuring Ac.0.03gts, S.No.6/ AA, Ac.0.03gts, S.No.6/ E Ac.0.03gts, S.No.6/ EE Ac.0.03gts, S.No.6/ VU, Ac.0.1550gts., S.No.6/ VUU,Ac.0.1550gts, S.No.9/ 1 Ac.0.20gts, S.No.12/ 1 Ac.1-02gts, S.No.13/ a/ 1 Ac.2.00gts., and S.No.11/ a/ 1 Ac.0.

20gts, of Sridharaveleru village of Kukkanoor Mandal which are sought to be acquired vide notification ROC No.E-410870/ 2016/ R & R, dt.03.12.2016, published in Eenadu, Telugu Daily, without showing the name of the petitioner and wanting to pay compensation to respondent No.6 to 17 as illegal, arbitrary and opposed to right to hold property under Article 300A of the constitution of India and consequently to direct the respondent authorities to refer the matter to civil court by depositing the entire amount in to the court and pass such other order or orders may deem fit and proper in the circumstances of the case.."

Heard the learned counsel for the petitioner and also the learned Govt. Pleader for the Land Acquisition representing official respondents 1 to 5 before ordering notice to the unofficial respondents 6 to 17 and perused the prayer in the Writ Petition, supporting affidavit and other material including notification u/ sec.11 in Form No.6(A) as per Rule 19 under the Act 30 of 2013 for acquisition of the properties where name of father of the petitioner also mentioned for some extents as pattadar. The petitioner submits that the respondent authorities ignoring his

right, trying to pay compensation to the unofficial respondents supra.

Having regard to the above, the Writ Petition is disposed of directing the petitioner to give a written representation with the enclosures of necessary documents showing his entitlement before the respondents 3 and 4 and participate in the enquiry to be conducted within one week from the date of receipt of the order and comply the same to pass necessary orders on merits. Further grievance any of him later left open. In the meantime, if at all even any disbursement of compensation to the unofficial respondents made by the official respondents that no way prejudices entitlement if any of the petitioner. As a sequel, miscellaneous petitions if any pending in this Writ Petition shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Dt.21.06.2017 Note: Issue copy by tomorrow(22.06.2017).

b/o. vvr.