Kuccharlapati Keshava Bhagavan Raju, v. The State Of Andhra Pradesh, Rep.By Its Principal

The Hon'ble Sri Justice A.V.Sesha Sai Writ Petition No.6044 of 2017 Date: 08.03.2017 Order:

This Writ Petition is filed for the following substantive relief: "to issue a writ, an 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 Authority as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 inspite of petitioner objections made on 18.7.2016 covered under Final Notification issued vide Rc.No.E126307/2016 R&R, dated .9.2016 published in Eenadu daily News paper in respect of lands situated in Survey Number 247/E/2 admeasuring Ac.0.24 gts situated in Kivvaka Village of Kukunuru Mandal of West Godavari District and trying to pay the compensation amounts of land in questin in favour of respondents No.

4 to 6 herein is arbitrary, illegal and violative of Articles 14 and 300-A of Constitution of India and consequently to direct the 3rd respondent to refer the matter to the Authority by duly depositing the entire compensation amount in respect of land in question." Heard the learned Counsel for the petitioner and the learned Government Pleader for Land Acquisition (AP) appearing for respondent Nos.1 to 3. Perused the material available on record.

AVSS, J W.P.No.6044 of 2017 Dt: 08.03.2017 In the present Writ Petition, the petitioner is disputing the right of the unofficial respondents to receive the compensation amount in respect of the subject property.

It is submitted by the learned Government Pleader, on instructions, that the award has not yet been passed in respect of the subject property and that it is open for the petitioner as well as the unofficial respondents to raise their claims before the authorities under Act 30 of 2013.

Having heard the submissions made by the learned Counsel for the petitioner and the learned Government Pleader, this Court is of the considered opinion that the ends of justice would be served, if the petitioner as well as the unofficial respondents are permitted to raise their respective claims relating to the subject property before the respondent authorities.

Subject to the liberty given as above, the Writ Petition is disposed of.

As a sequel to disposal of the Writ Petition, Miscellaneous Petitions, pending if any, stand disposed of as infructuous. _______________ (A.V.Sesha Sai, J) Dt: 8th March, 2017 lur

AVSS, J W.P.No.6044 of 2017 Dt: 08.03.2017