Primary Agricultural Coop Credit Society And Another v. The District Collector, Khammam And 2 Others

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.3419 OF 2007 ORDER:

The writ petition is filed to declare the action of the respondents in trying to disburse the compensation amount to the borrowers of the 1st petitioner Society without obtaining the "No-objection Certificate" from the petitioner Society, pursuant to the notification issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, "the Act") on 24.01.2007 as illegal.

The brief facts of the case according to the petitioners so far as they are relevant for the purpose of disposal of this writ petition are that the 1st petitioner is a Society registered under the A.P. Cooperative Societies Act, 1964; that the main objective of the society is to provide Long Term and Short Term loans to its members. The lands now proposed to be acquired are mortgaged in favour of 1st petitioner. Before any loans are sanctioned it will obtain immoveable property security by way of mortgage and the mortgage so created in favour of the society and the previous ADBs are a registered one and the particulars of all the mortgage will be available with the concerned Sub Registrars. The society will have the first charge over the mortgaged property of the borrowers as per Section 36 of the Act.

It is further stated that on knowing that the other villagers are going to be acquired by the Government and the mortgaged lands of the borrowers are also going to be affected, the 2nd petitioner addressed a letter dated 7.6.

irreparable loss and requested the 1st respondent to issue necessary instructions to the Land Acquisition Officer to route through the payment of the compensation only through the 2nd petitioner bank so that the societies may be in a position to collect the loan amounts from the borrowers. Subsequently, the District Revenue Officer addressed letter dated 13.6.2006 to all the Revenue Officials including the Land Acquisition Officer, Paloncha Unit. It is stated that the respondents are trying to disburse the compensation to the borrowers without notice to the petitioners.

The writ petition was admitted on 22.02.2007 and the interim direction was granted on that day.

Today, when the matter has come up for hearing, learned counsel for the petitioners submitted that all the members of the petitioners' society have repaid the loan amount and no further orders are required to be passed in the matter.

Recording the said submission of the learned counsel for the petitioners, the writ petition is closed. No order as to costs. Consequently, Miscellaneous petitions, if any pending in this writ petition shall also stand closed ________________________________ KONGARA VIJAYA LAKSHMI,J Date:07.12.2017.

Gk.

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.1562 OF 2007 Date:07.12.2017 Gk