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High Court for State of TelanganaWP/2369/2008closed no costs

Moturu Vasumathi v. The District Collector,

2016-09-06S.V.Bhatt3 pages

HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.2369 of 2008 ORDER:

Petitioners pray for the following relief:

"For the reasons stated in the accompanying affidavit, the petitioners pray that the Hon'ble Court may be pleased to issue a writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the notification issued by the first respondent under Section 4 (1) of the Land Acquisition Act, R.C.No.3646/06/G2 dated 29.01.2007 and the endorsement of the second respondent in his proceedings R.C.No.1101/2006/A, dated 24.01.2008 insofar as the land of the petitioners is concerned is highly arbitrary, capricious suffers from non-application of mind, contrary to the provisions of Section 4 (1), 5-A and 6 of the Land Acquisition Act, violative of Articles 14, 21, 300-A of the Constitution of India, illegal and unsustainable and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

The Government Pleader places on record instructions vide Rc.No.148/2016-DT, dated 28.08.2016, and the operative portion of instructions, read thus:

"In this connection, I submit that there is no issue of house site pattas to the weaker section people in which the land proposed for acquisition. At present, the land is under the possession and enjoyment of the ryoths (viz) Pamidimukkala Satyanarayana blood relatives and Moturu Vasumathi and her sons etc., and they planted paddy in the above lands. Moreover, the land is existed adjacent to the Bhattiprolu Main Drain and the land is low lying area and also flood effected area."

Having regard to the latest instructions, learned counsel appearing for the petitioners submits that further orders are not required in the writ petition.

Writ petition is accordingly closed.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. __________________ S.V.BHATT,J Dt:06.09.2016 kdl