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High Court for State of TelanganaWP/33524/2017dismissed no costs

A.Raja, v. State Of Andhra Pradesh, Rep. By Principal Secretary,

2017-10-09A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition Nos.33524 and 33617 of 2017 Common Order:

Since the facts involved in both the Writ Petitions are similar in nature, they are being disposed of by this common order. The petitioners claim to be the owners of an extent of Ac.2-32 cents of land in Survey No.20/5 and Ac.2-00 in Survey No.22/2 of Thondur village, Satyavedu Mandal, Chittoor District, respectively. The said lands along with other lands in a total extent of 12,500 Acres situated in thirteen (13) villages were acquired for the purpose of developing a multi product special economic zone, domestic tariff area etc. The State entered into a State Support Agreement with the sixth respondent after the State entered into a Memorandum of Understanding with one Sathyavedu Reserve Infracity (P) Limited dated 30.04.2006.

Though, we are not concerned with the said Memorandum of Understanding and the State Support Agreement, the petitioners, whose lands were acquired, filed the present Writ Petitions challenging the State Support Agreement dated 25.06.2008 entered between the first respondent and the sixth respondent by filing only the first page of the agreement without any supporting documents.

It is an admitted case that the lands of the petitioners were acquired and the compensation was also made available. The main ground on which the present Writ Petitions are filed is that the acquired lands were not utilised for the purpose for which they were acquired. When the lands were acquired for a particular purpose, it is for the Government to take appropriate steps in accordance with law. It is not for the petitioners to challenge the agreement entered by the Government

with the developer or the implementer of the project. At the instance of the petitioners, this Court cannot examine the validity of the said agreement or the non-utilisation of the lands for the purpose for which they were acquired. It is clear from the above averments that the Memorandum of Understanding was entered in 2006 and the State Support Agreement was entered in 2008, nearly a decade back. In any event, on the grounds raised by the petitioners, the Writ Petitions cannot be entertained and they are liable to be dismissed. The Writ Petitions are, accordingly, dismissed at the admission stage. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions pending in these Writ Petitions, if any, shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 09.10.2017 Nsr