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High Court for State of TelanganaWA/2113/2005disposed of no costs

Addanki Lakshmana Murthy, v. Government Of Andhra Pradesh,

2016-06-28Dilip B. Bhosale,P Naveen Rao3 pages

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT APPEAL No. 2113 OF 2005 28-06-2016 Between:

Addanki Lakshmana Murthy and others ... Appellants And Government of Andhra Pradesh, Revenue (LA) Department, Secretariat, Hyderabad, rep., by Special Chief Secretary to Government and others ... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT APPEAL No. 2113 OF 2005 JUDGMENT: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) None appears for the appellant. Sri D. Ramesh, learned Special Government Pleader for the respondents. We have perused the prayer in the writ petition. The prayer in the writ petition reads thus:

"Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mandamus or any other appropriate writ or direction declaring the notification and declaration under section 4(1) and Section 6 of the Land Acquisition Act published in Hindu daily dated 24-9-2005 and Pledge daily dated 1-10-2005 as illegal arbitrary and contrary to the provisions of the Land Acquisition Act."

The petition was disposed of with the following observations in the concluding paragraph:

"Following the same, the petitioners herein are also given liberty to file a representation before the third respondent within a period of one week from the date of receipt of a copy of this order, raising all the objections for acquisition. As and when such representation is filed, within a period of two weeks thereafter, the third respondent shall consider the same and send a report to the District Collector. Till then, if the petitioners are in possession, there shall be status quo for a period of two weeks."

Today, Sri Ramesh, on written instructions, submits that the

question that remains for consideration is only in respect of Acs.2.02 cents of land. Rest of the land has already been acquired and also given in possession of the acquiring body in 2006 itself. He further submits that so far as Acs.2.02 cents of land is concerned, the respondents do not need it and this appeal to that extent may be allowed. He submits that even the subject matter of the writ petition is also Acs.2.02 cents of land. We are not entering into this issue. Recording the submission of Sri Ramesh, we dispose of the appeal.

Miscellaneous petitions, if any, also stand disposed of. No order as to costs.

_________________________ DILIP B. BHOSALE, ACJ ________________________ P. NAVEEN RAO, J 28-06-2016 ks