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High Court for State of TelanganaWP/40113/2012dismissed

Koliuru Srinivasa Rao, v. The State Of Andhra Pradesh

2017-06-05A Ramalingeswara Rao1 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.40113 OF 2012 ORDER:

Heard learned counsel for petitioner and learned Government Pleader for respondents.

This writ petition was filed challenging the action of the respondents in trying to dispossess the petitioner from the land to an extent of Acs.1.60 cents, out of Acs.6.40 cents situated in Nellimerla Village and Mandal, Vizianagaram District, without acquiring the land under the provisions of the Land Acquisition Act. During the pendency of the writ petition, a counter affidavit is filed stating that the entire land of Acs.6.40 cents was acquired for the purpose of house site pattas to the weaker sections of the society. The learned Government Pleader produced a copy of the Award in Award No.4/2002-2003, dated 05.10.2002. This writ petition was filed after ten years of passing the Award.

Since the relief sought for in the writ petition relates to the action of the respondents in trying to dispossess the petitioner without following due process of law by acquiring the land under the provisions of the Land Acquisition Act and in view of the award passed on 05.10.2002, this Court sees no ground to continue the writ petition. It is open to the petitioner to work out his remedies pursuant to the Award, dated 05.10.2002.

The writ petition is accordingly dismissed. Miscellaneous petitions, if any, pending in the writ petition shall stand closed. __________________________ A.RAMALINGESWARA RAO, J 05.06.2017 pln