Kakarla Narsimha Murthy, W.G Dist, v. The Dist Collector, W.G Dist And 2 Others,

HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.10792 of 2007 ORDER:

This writ petition is filed questioning the notification dated 27.04.2007 issued under Section 4(1) of the Land Acquisition Act (for short 'the Act') proposing to acquire the land of the petitioner in an extent of Ac.14.63 cents in Sy.No.366/ 2A situated at Jangareddigudem Revenue Village, West Godavari District.

2. Brief facts of the case, according to the petitioner, are that nearly 30 years back, the petitioner has donated Ac.2.00 of land for the purpose of construction of electrical sub station and that the respondents also acquired Ac.4.00 of land of the petitioner for the purpose of bypass road and that now the petitioner is having only Ac.14.00 of land. As the family members of the petitioners are four, they will get hardly 31⁄2 acres of land each. Section 4(1) notification was published in daily Telugu newspaper 'Gopi Krishna' and the said news paper is not known to anybody in the locality. Section 4(1) notification has to be published in two daily Telugu news papers, which have got vide circulation in the locality. It is further stated that there are mango and coconut trees in the said locality.

3. A counter-affidavit has been filed by the respondents stating that the petitioner's land was proposed to be acquired for construction of weaker section houses under 'Inbdiramma Adarsha Padhakam' and that Section 4(1) notification was issued on 27.04.2007 and the same was published on 29.04.2007 in two Telugu daily news papers i.e., Gopi Krishna and Andhra Prabha and it was also published in the District Gazette.

4. When the was matter taken up for hearing, learned Assistant Government Pleader for Land Acquisition, placed the written instructions dated 25.11.2017 of the Tahsildar, Jangareddigudem, wherein it is stated as follows:

" Due to the administration reasons and the concerned ryoth not given his willingness to acquire his land under Indiramma Adarsha Padhakam in Jagaredigudem. Hence the said land acquisition proposals was not initiated.

5. As seen from the written instructions, the possession of the land is still with the petitioner, even though the land acquisition proceedings were initiated in the year 2007.

6. In the circumstances and in view of the written instructions of the Tahsildar, Jangaredigudem, no further orders are required to be passed in this writ petition and the writ petition is liable to be closed.

7. Accordingly, the writ petition is closed. No order as to costs. Pending miscellaneous petitions, if any, in this writ petition, shall stand closed.

__________________________ KONGARA VIJAYA LAKSHMI, J Date: 08.12.2017 BSS

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.10792 of 2007 Date: 08.12.2017 BSS