Md. Mahamood, Kothakota, Mnagar Dist. And 9 Others v. Secy. Revenue Dept. A.P. Hyd And 3 Others

THE HON'BLE SRI JUSTI CE M.GANGA RAO W .P. Nos.1 6 1 0 4 AND 1 6 1 0 7 of 2 0 0 7 COMMON ORDER:

Since the issue involved in both writ petitions is one and the same, they are being disposed off by this common order.

2. These two writ petitions are filed under Article 226 of the Constitution of India to declare the notifications issued under Sections 4 (1) of the Land Acquisition Act, 1894 (for short 'the Act') vide proceedings in No.G1/ 3371/ 2007, dated 14.06.2007, issued by the 2nd respondent for acquiring the petitioners' land, as illegal and unjust.

3. It appears that a notification dated 14.06.2007 under Section 4(1) of the Act was issued for acquisition of the petitioners' land situated at Kanayapally Village, Kothakota Mandal, Mahaboobnagar District, for the purpose of providing house sites to the villages of Kanayapally under R & R package since the houses of the said villagers are going to submerge under "Shankarasamudram balancing reservoir", RLISP, Unit-II Pebbair, Mahaboobnagar District. The said notification further states that in view of the urgency, the enquiry under Section 5-A of the Act was dispensed with by invoking urgency clause under Section 17(4) of Act.

4. This Court on 30.07.2007 while admitting the writ petitions granted interim stay of dispossession. Thereafter, no further proceedings were taken up for concluding the land acquisition proceedings.

5. The learned Assistant Government Pleader for Land Acquisition states that he received instructions vide letter No.B/ 110/ 2018, dated 31-01-2018 of the Tahsildar, Kothakota, to the effect that the respondents have not taken any action in respect of the petitioners' land for acquiring the land and that the government had already dropped the proceedings and no possession of the lands was taken and if the petitioners' lands are still required, the same will be acquired under the provisions of Act 30 of 2013.

6. In view of the above submission of the learned Assistant Government Pleader for Land Acquisition (TG), no further orders are required to be passed in these writ petitions.

7. Hence, these two writ petitions are closed. No costs.

8. Miscellaneous petitions pending, if any, in these writs petition shall stand closed.

_______________ M.GANGA RAO, J 05.02.2018 TSNR