Vallala Radha Krishna Murthy v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.37538 OF 2016 ORDER:

This writ petition is filed, under Article 226 of the Constitution of India, for the following relief: "to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, by declaring the action of the Respondents 1 to 4 in preparing to distribute the compensation amounts to the Respondents 5 to 7 instead of referring the matter to the Authority specified in Section 51 of Act 30 of 2013 or depositing the same in Civil Court by referring the matter to the Civil Court, on the Objections submitted by the petitioner Dated:18.8.2016 to the 2nd Respondent, to decide the rights of the petitioners and interested parties in respect of the properties in Sy.No.9 an extent of Ac.5- 28 Cents, in Sy.No.138 an extent of Ac.3.19 Cents, in Sy.N0.159 an extent of Ac.2.28 Cents, totalling Ac.10.

28 Cents of Dameracherla Village, Kukkunru Mandal, West Godavari District, which were acquired by the State Government under land acquisition proceedings, as illegal, arbitrary and violative of provisions of Act 30 of 2013 and contrary to the Articles 14, 21 and 300A of the Constitution of India, consequently to direct the Respondents to refer the matter to the authority or Civil reference to decide the proportionate rights of the petitioners, and to pass such other order or orders as this Hon'bte Court may deem fit and proper in the circumstances of the case."

AVSS,J W.P.No.37538 of 2016 2.

Heard the learned counsel for the petitioners, learned Government Pleader for Land Acquisition for respondents 1 to 4 and Sri M.Rajamalla Reddy, learned counsel for the respondents 5 to 7, apart from perusing the material available on record.

3.

In the present writ petition, petitioners are disputing the right of the respondents 5 to 7 in receiving compensation amount in respect of the subject properties. It is submitted by the learned Government Pleader, on instructions, that award has not yet been passed in respect of the subject properties and it is open for the petitioners as well as respondents 5 to 7 to raise their claims before the Authorities under Act 30 of 2013.

4.

Having regard to the submissions made by the learned counsel for the petitioners, the learned Government Pleader for Respondents 1 to 4 and the learned counsel for respondents 5 to 7, this Court is of the considered opinion that ends of justice would be served, if the petitioners as well as respondents 5 to 7 are permitted to raise their claims before the respondent authorities with regard to their right over the properties.

5.

For the aforesaid reasons, this writ petition is disposed of, keeping it open to the petitioners as well as the respondents 5 to 7 to raise their respective claims before the

AVSS,J W.P.No.37538 of 2016 3rd respondent and it is open for the 3rd respondent to consider the same and pass appropriate orders, in accordance with law.

6.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence. No order as to costs.

____________________ A.V.SESHA SAI, J 28.02.2017 SS