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High Court for State of TelanganaWP/14006/2007closed no costs

Nalluri Venkata Bheema Raju, v. The District Collector,

2018-04-24Abhinand Kumar Shavili3 pages

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.14006 OF 2007

ORDER

This writ petition is filed seeking to issue a Writ of Mandamus declaring the notification issued under Section 4 (1) of the Land Acquisition Act, 1894 (for short 'the Act'), dated 2.5.2007 by the 1st respondent to acquire the land of the petitioner admeasuring Ac.1.00 in Sy.No.94/5 situated at Nandigampadu Village, Chagallu Mandal, West Godavari District under Indiramma Programme, as arbitrary, illegal and consequently, to set aside the said notification. Heard Sri K.Venkatesh, learned counsel appearing for the petitioner and learned Government Pleader for Land Acquisition.

It is the case of the petitioner that he is owner and possessor of agricultural land admeasuring Acs.3.60 cents in Sy.No.94/5, Nandigampadu Village, Chagallu Mandal, West Godavari District, and the said property is his ancestral property. While so, the respondents issued a notification under Section 4 (1) of the Act on 2.5.2007 intending to acquire the land of the petitioner to an extent of Ac.1.00 for providing house sites to the landless poor under Indiramma Housing

Scheme. Questioning the same, the present writ petition is filed.

While admitting the writ petition, this Court granted interim stay on 3.7.2007. By virtue of the said order, the petitioner is in possession of the land in question. When the matter is taken up for hearing, learned Government Pleader, on instructions, submits that the respondents are not intending to acquire the land of the petitioner.

In view of the said submission, the cause in the writ petition does not survive for adjudication.

Accordingly, the Writ Petition is closed. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 24th April, 2018 rkk