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High Court for State of TelanganaWP/18333/2017disposed of no costs

Batta Sammakka, v. State Of Andhra Pradesh,

2017-08-30A Ramalingeswara Rao3 pages

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.18333 of 2017

ORDER

This writ petition is filed for the following relief: "...to issue a writ, order or direction more in the nature of Mandamus declaring the action of the respondent Land Acquisition authorities in publishing the approved Notification No... in Form-VII, dated 21.5.2017 published in Eenadu Telugu Daily Newspaper dated 24.05.2017 showing the names of the unofficial respondents as enjoyers against the patta lands of the petitioner to the total extent of acres 4-11 gts situated in Sy.No.

65 (65/6, 65/7, 65/8 and 65/9) situated at Aravapalli revenue village, Kukkunuru Mandal of West Godavari District, for claiming land acquisition compensation amounts is illegal, arbitrary and in violation of Articles 21 and 300(A) of the Constitution of India and contrary to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently declare that the petitioner is only entitled for the land acquisition compensation amount in respect of the lands in issue and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

When the matter is taken up for consideration, learned counsel on either side fairly concedes that in identical circumstances, this Court passed order on 7.2.2017 in

W.P.No.402 of 2017 and relevant portion of the order reads as under:

"Having regard to the submission made by the learned counsel for the petitioner, the learned Government Pleader for respondents 1 to 3 and the learned counsel for 4th respondent, this Court is of the considered opinion that ends of justice would be served if the petitioner as well as 4th respondent are permitted to raise their claims before the respondent authorities with regard to their right over the property.

For the aforesaid reasons, the Writ Petition is disposed of, keeping it open to the petitioner as well as 4th respondent 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."

In view of the same, this writ petition is disposed of in terms of the aforesaid order. No costs.

Miscellaneous petitions, if any, pending shall stand closed. ___________________________________ JUSTICE A.RAMALINGESWARA RAO 30th August, 2017 rkk

Miscellaneous petitions, if any, pending shall stand closed. ___________________________________ JUSTICE A.RAMALINGESWARA RAO 10th August, 2017 rkk