Varaka Ramulu v. The Land Acquisition Officer Cum Special Deputy

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.12666 of 2010 ORDER:

The Writ Petition was filed challenging the action of the first respondent in not referring the matter to the Civil Court, under Section 30 of the Land Acquisition Act, 1894, in spite of the claim made by the petitioner and pendency of the suit before the District Collector-cum-Agent to the Government, Khammam in respect of the land admeasuring Ac.0.13 cents in Sy.No.4/a; Ac.5.22 gts in Sy.No.22; Ac.6.22 gts in Sy.No.159; Ac.5.22 gts in Sy.No.168; Ac.5.31 gts in Sy.No.170; and Ac.3.00 in Sy.No.132/98 situated at Cheeravalli Village, Kukunuru Mandal, Khammam District.

When the Writ Petition is pending, respondent Nos.3 and 5 filed a petition before this Court stating that the earlier proceedings, pursuant to notification dated 21.10.2009, lapsed due to non-passing of award within two years; and the suit filed by the petitioner in O.S.No.97 of 2009 before the Agent to Government, Khammam, is still pending.

The Government of Andhra Pradesh issued a fresh land acquisition notification, on 21.06.2016, under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

2013 (for short 'Act 30 of 2013'), and the same is pending. In view of the same, learned counsel for respondent Nos.3 and 5 submits that the Writ Petition has become infructuous.

It is open to the petitioner to take appropriate proceedings in accordance with law if the petitioner has any grievance with regard to the action taken pursuant to the fresh land acquisition notification dated 21.06.2016. Recording the statement made by respondent Nos.3 and 5, the Writ Petition is closed.

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

_______________________________ A. RAMALINGESWARA RAO,J Date:04.01.2017 usd