Kandregula Krishna Rao, East Godavari District v. The District Collector, E.G.District And 2 Others

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.24467 of 2006 ORDER:

The Writ Petition is filed questioning the notification in Ref.No.G3/5446/2006 dated 04.11.2016 issued under Section 4 (1) of the Land Acquisition Act 1 of 1894 to acquire an extent of Ac.1.00 cents in Sy.No.12/2 of Luturkuru Village, Mamidikuduru Mandal, East Godavari District. 2) Brief facts, according to the petitioner, are that the petitioner is owner and possessor of an extent of Ac.2.02 cents in S.No.12/2 of Lutukuru Village, Mamidikuduru Mandal, East Godavari District. The respondents have issued the notification under Section 4 (1) of the Land Acquisition Act 1 of 1894 proposing to acquire the land of an extent of Ac.1.00 cents from out of Ac.2.02 cents in S.No.12/2 without even mentioning any particulars of the proposal and though there are Government lands available in the village, which are suitable for distribution of house sites. 3) The Writ Petition was admitted and interim stay was granted on 24.11.2006.

4) When the matter came up for hearing, learned Government Pleader for Land Acquisition (AP), basing on the written instructions issued by the Revenue Divisional Officer, Amalapuram, dated 23.12.2017, submitted that keeping in

view of the interim stay of this Court and instructions of the District Administration, the LAO & Revenue Divisional Officer, Amalapuram, has proposed alternative land in place of the petitioners' subject land and accordingly acquired an extent of Ac.1.00 cents in 102/1B at Lotukuru Village, Mamidikuduru Mandal, East Godavari District, for issuing house site pattas to the eligible beneficiaries in the village. It is further reported that the subject land in the writ petition is in possession and enjoyment of the petitioner and that the pattadar passbook and title deed were also issued to him. 5) In view of the aforestated written instructions of RDO, Amalapuram, no further orders are necessary in this writ petition.

6) Accordingly, the Writ Petition is closed. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_________________________________ KONGARA VIJAYA LAKSHMI, J Dt:26.12.2017 knl

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.24467 of 2006 Date:26.12.2017 knl