The District Collector v. Sirimalla Rajam

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE DR JUSTICE SHAMEEM AKTHER WRIT APPEAL NO.1604 OF 2005 JUDGMENT: {Per the Hon'ble the Acting Chief Justice Ramesh Ranganathan} The respondent-writ petitioner, an assignee of Government land, has invoked the jurisdiction of this Court for a direction to the respondents to initiate land acquisition proceedings with regard to the assigned land acquired for the purpose of construction of railway traction of sub-station, and to complete the acquisition proceedings. The writ petitioner had contended that, while a decision was taken in the year 1991, a notice was given on 07.08.1991 directing him to come and receive compensation, but no compensation was paid.

The learned Single Judge has, in the order under appeal, noted the contents of the counter affidavit that the subject land is assigned land; and the question of payment of compensation does not arise except payment with regard to the development charges. The learned Single Judge followed the Larger Bench judgment of this Court in LAO-cum-RDO, Chevella Division, Domalaguda, Hyderabad v. Mekala Pandu and others1. The said Larger Bench judgment also binds us. We see no reason, therefore, to interfere with the order under appeal.

1 2004(2) ALD 451 (LB)

The Writ Appeal fails and is, accordingly, dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand dismissed.

_________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (DR. SHAMEEM AKTHER, J) 6th February 2017 RRB