M.A. Qhayyum v. The District Collector

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.10652 of 2008 ORDER:

Heard Mr. P. Sriharsha Reddy for petitioners and the Assistant Government Pleader (Land Acquisition) for respondents.

2. Petitioners pray for declaration that the action of respondents in illegally and unlawfully interfering or dispossessing petitioners from their land in Sy.Nos.196, 250, 242, 243, 244, 250, 195, 208, 209, 212, 213 of Narsappagudem village, Nalgonda District without following the procedure stipulated by law as illegal and unconstitutional.

3. On 30.06.2008, interim direction was granted and the order reads thus: "The learned Government Pleader seeks further time for filing counter. Post after two weeks. The interim order granted earlier shall continue until further orders."

4.

The respondents filed counter and WVMP.No.1871 of 2012 to vacate the interim order. In para 4 of the counter affidavit, the respondents state thus:

"4. In reply to the averments made in para 2 of the petitioners affidavit, it is submitted that it is incorrect to say that the respondents are interfering with the possession and enjoyment of the petitioners property. The petitioners filed the Writ Petition with a misapprehension that they would be dispossessed from their lands. When the lands were inspected and surveyed the petitioners apprehended that they are goring to be dispossessed without acquiring their lands.

The petitioners would not be dispossessed from their lands without passing award and paying compensation."

5. From the above, it is clear that the respondents placed on record that unless and until award is passed and compensation is paid, the possession of petitioners is not disturbed with.

The statement is placed on record and accepted.

The writ petition is disposed of accordingly. As a sequel, the miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

____________ S. V. BHATT, J August 30, 2016 DSK