Bommadeni Shankar v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.20281 OF 2017

ORDER

The petitioners claim that they are absolute owners and possessors of land to an extent of Ac.3-20 guntas in Sy.No.381 of Seetharamanagaram Revenue Village, Kukkunur Mandal. The said property was an assigned land, which was encroached by their grand father long time back. The petitioners claim that they succeeded to the said property. While so, a notification was issued on 5.3.2017 proposing to acquire the said land for the purpose of Polavaram Irrigation Project. In the said notification, the name of one of the paternal uncles of the petitioners, was shown though he died in the year 2013 itself. In those circumstances, they submitted a representation to the respondents on 26.04.2017 claiming compensation for the said land. They came to know that 5th respondent, who is grand son of the original occupant, is also claiming the said land. The grievance of the petitioners is that respondents 2 and 3 without considering their representation are trying to award compensation to the 5th respondent. In the said circumstances, the present writ petition is filed.

In view of the nature of the claim of the petitioners, this Court is not inclined to keep the writ petition pending, but directs respondents 2 and 3 to consider the representation of the petitioners. The petitioners are given liberty to participate in the award enquiry as and when such an enquiry takes place along with the 5th respondent and based on the claims of the parties appropriate award shall be passed by respondents 2 and 3 in accordance with law.

Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending shall stand closed.

___________________________________ JUSTICE A.RAMALINGESWARA RAO 27th June, 2017 rkk