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High Court for State of TelanganaWP/34406/2016disposed of no costs

Davuluri Jadson, v. The State Of Andhra Pradesh

2016-10-13Suresh Kumar Kait3 pages

HON'BLE SRI JUSTICE SURESH KUMAR KAIT W.P. No. 34406 of 2016 DATE: 13.10.2016 Between:

Davuluri Jadson and another .. Petitioners And The State of Andhra Pradesh and five others .. Respondents

SKK,J WP_34406_2016 O R D E R:- This writ petition is filed for the following substantive relief:

" ....to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.2 to 5 in recording the name of respondent No.6 as possessor and pattadar in an extent of Ac.0.44 cents in Sy.No.225/ 10 situated in Damavaram village, Dagadarthi Mandal, SPSR Nellore District, without any documentary proof and paying the benefits accruing under Land Acquisition Act to him without any right and without considering the objections of the petitioners under the provisions of Sections 51 and 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) as illegal, arbitrary and in violation of principles of natural justice and consequently direct respondent Nos.2 to 5 not to grant any compensation to the 6th respondent relating to the land belonging to the petitioners."

When the matter is taken up for hearing, the learned counsel for the petitioners has sought permission of this Court to withdraw the writ petition with liberty to make a fresh representation to the official respondents for the relief sought for in this writ petition.

Permission is accorded.

Hence, the writ petition is dismissed as having been withdrawn granting liberty as prayed for. The petitioners shall file fresh representation within one week and the respondents are directed to consider the same and take decision in accordance with law, within a period of four weeks

SKK,J WP_34406_2016 from the date of representation that may be filed by the petitioners. On taking decision, the respondents shall intimate the same to the petitioners within one week thereafter. If the petitioners are still aggrieved by the decision, they may approach the appropriate forum. It is made clear that till decision is taken by the respondents, compensation shall not be released in favour of the 6th respondent or any other party. No order as to costs. As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_____________________ SURESH KUMAR KAIT, J 13.10.2016 bcj