Chanupalli Nagender Rao, v. The State Of Andhra Pradesh Rep By Its Prl Secretary,

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.39228 OF 2016 ORDER:

This writ petition is filed, under Article 226 of the Constitution of India, for the following relief: "to issue a Writ, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in not referring the matter to civil court under Section 30 of the Old Act and Section 76 of the New Land Acquisition Act inspite of the petitioners representation dated 28.10.2016 in connection with the petitioners lands situated in Sy No. 201 to an extent of Ac.3.06 gts, situated at Dacharam Village, Kukunuru Mandal, West Godavari District inspite of the ROR appeal pending before the 4th respondent without showing the petitioner name in the Land Acquisition Notification dt. 25.10.

2016 and trying to pay the compensation amounts in favour of the respondents 6 to 8 in respect of the land in question is illegal and avoid and opposed to Article, 14, 19, 21 and 300-A of Constitution of India and consequently to direct the respondents 1 to 5 to refer the matter to the civil court by depositing the entire compensation amount in respect of the land in question."

2.

Heard the learned counsel for the petitioner, learned Government Pleader for Land Acquisition for respondents 1 to 5 and Sri M.Rajamalla Reddy, learned counsel for the

AVSS,J W.P.No.39228 of 2016 respondents 6 to 8, apart from perusing the material available on record.

3.

In the present writ petition, petitioner is disputing the right of the respondents 6 to 8 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 respondents 6 to 8 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 petitioner, the learned Government Pleader for Respondents to and the learned counsel for respondents 6 to 8, this Court is of the considered opinion that ends of justice would be served, if the petitioner as well as respondents 6 to 8 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 petitioner as well as the respondents to 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.

AVSS,J W.P.No.39228 of 2016 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