Devarshetty Suryanarayana v. The State Of Andhra Pradesh, Rep.By Its Principal

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No. 8156 of 2017 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 to declare the action of the 3rd respondent in proposing to pay the compensation amount pertaining to the acquisition of land admeasuring Ac.4.28 guntas in Sy.No.216/33 situated at Kukunuru Village and Mandal, West Godavari District, belonging to the petitioner for the purpose of Polavaram Irrigation Project, in spite of the written representation dated 26.12.2016, as being illegal, arbitrary and unconstitutional and consequently direct the respondent authorities to pay the compensation amount pertaining to the above said land to the petitioner."

2.

Heard the learned counsel for the petitioner, the learned Government Pleader for Land Acquisition appearing for respondent Nos. 1 to 4 and learned counsel for respondent Nos.5 and 6, apart from perusing the material available on record.

3.

In the present Writ Petition, the petitioner herein is disputing the right of respondent Nos.5 and 6 in receiving compensation amount in respect of the subject property. It is submitted by the learned Government Pleader, on instructions, that award has not yet been passed in respect of the subject property and it is open for the petitioner as well as respondent Nos.5 and 6 to raise their claims before the authorities under Act 30 of 2013.

4.

Having regard to the submission made by the learned counsel for the petitioner, the learned Government Pleader for respondent Nos. 1 to 4 and the learned counsel for respondent Nos.5 and 6, this Court is of the considered opinion that ends of justice would be served if the petitioner as well as respondent Nos.5

and 6 are permitted to raise their claims before the respondent authorities with regard to their right over the property.

5.

For the aforesaid reasons, the Writ Petition is disposed of, keeping it open to the petitioner as well as respondent Nos.5 and 6 to raise their respective claims before the 3rd respondent and it is open for the 3rd respondent to consider the same and pass appropriate orders, in accordance with law. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

________________ A.V.SESHA SAI, J Date: 08.03.2017 ES