Modugu Pedda Nagaiah, v. The State Of Andhra Pradesh, Rep. By Its Principal

The Hon'ble Sri Justice A.V.Sesha Sai Writ Petition No.5455 of 2017 Date: 08.03.2017 Order:

This Writ Petition is filed for the following substantive relief: "to issue order direction more particularly one in the nature of writ of MANDAMUS declare the action of the respondents in not considering the objection raised by the petitioner on 06.12.2016 as illegal arbitrary and contrary to the provisions Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Re-settlement Act, 2013 and consequentially direct the respondent no.3 not to release the compensation amount in respect of the land covered in RS No.95 an extent of Ac.1.34 Cts and in RS No.434 an extent of Ac.0.34 Cts situated at Sridharveluru Village, Kukkunur Mandal, West Godavari District."

Heard the learned Counsel for the petitioner and the learned Government Pleader for Land Acquisition (AP) appearing for respondent Nos.1 to 3. Perused the material available on record. In the present Writ Petition, the petitioner is disputing the right of the unofficial respondents to receive the compensation amount in respect of the subject property.

AVSS, J W.P.No.5455 of 2017 Dt: 08.03.2017 It is submitted by the learned Government Pleader, on instructions, that the award has not yet been passed in respect of the subject property and that it is open for the petitioner as well as the unofficial respondents to raise their claims before the authorities under Act 30 of 2013.

Having heard the submissions made by the learned Counsel for the petitioner and the learned Government Pleader, this Court is of the considered opinion that the ends of justice would be served, if the petitioner as well as the unofficial respondents are permitted to raise their respective claims relating to the subject property before the respondent authorities.

Subject to the liberty given as above, the Writ Petition is disposed of.

As a sequel to disposal of the Writ Petition, Miscellaneous Petitions, pending if any, stand disposed of as infructuous. _______________ (A.V.Sesha Sai, J) Dt: 8th March, 2017 lur

AVSS, J W.P.No.5455 of 2017 Dt: 08.03.2017