Smt. Balla Yadamma W/O Of Sri Balla Mallesh Yadav. v. The District Collector,

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.11141 of 2008 ORDER:

Though the matter is listed under the caption of dismissal, no representation on behalf of the petitioner.

2. The material on record would disclose, the petitioner claims that without issuing proper notice under Section 4 (1) of the Land Acquisition Act, 1894 (for short 'the Act'), without taking into account the registered sale deed and ownership over property bearing H.No.8-5-55/1, Mailardevpally, Rajendranagar Mandal, Ranga Reddy District, and without following proper procedure, the respondents are trying to demolish and acquire the said property, which is illegal and arbitrary.

3. This Court by order dated 22.05.2008 directed the respondents not to interfere with the possession and proceed with demolition of the house belonging to the petitioner without following the procedure as per the Land Acquisition Act or without conducting any negotiations for acquiring the same.

4. The vacate petition is filed by the respondents on 26.08.2010 contending that the land in survey No.115/1 of Mylardevpalli Village to an extent of Acs.37.15 guntas is classified as Poramboke Sarkari. Petitioner purchased plot in the Government land and constructed a room therein, which amounts to trespass into the government land and liable for demolition. It is further stated that since subject land is classified as government land, there is no requirement to follow the procedure prescribed for

acquisition under the Act. These averments of the respondents are not controverted by the petitioner.

5. Having regard to the stand of the respondents, the petitioner's claim merits no consideration. The Writ Petition is accordingly dismissed.

Miscellaneous Petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. ___________________ P.NAVEEN RAO, J 10th June, 2019.

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