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High Court for State of TelanganaWP/25300/2017disposed of no costs

Smt. P.Padmavathamma v. The State Of Andhra Pradesh,

2018-01-04A V Sesha Sai3 pages

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.25300 OF 2017 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- "to issue a Writ, Order or Directions, particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 & 3 in trying to pay the compensation to the respondents 4 to 8 herein for the land acquired situated in Sy.No.530 to an extent of Ac.1.71 cents of Thallaproddatur Village, Kondapur Mandal, YSR Kadapa District belonging to the petitioners which has fallen to the petitioners herein in pursuance to the registered Will dated 11.3.

1991 under Galeru Nagari Sujala Sravanthi Project even after repeated requests of the petitioners including the notice as being illegal, arbitrary and is in violation of principles of natural justice and fair play apart from being in violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents 1 to 3 herein to refer the same to the Appropriate Authority in exercise of powers U/s.76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013."

2.

In the present writ petition, the petitioners herein are disputing the right of the unofficial respondents herein to claim compensation in respect of the subject lands. 3.

When the matter is taken up, it is submitted by the learned Government Pleader for Revenue (A.P.) that if the petitioners herein submit their objections before the Land Acquisition Officer, the same will be verified and appropriate action will be taken in accordance with law.

4.

Learned counsel for the petitioners, on the other hand, submits that the petitioners herein caused a notice through their counsel on 10.07.2017 in this regard and despite receipt of the same, the official respondents are contemplating to pay the compensation amount to the unofficial respondents herein. 5.

In these circumstances, this Court deems it appropriate to dispose of the present writ petition, leaving it open for the petitioners herein to submit their objections against payment of compensation, if any, in favour of the unofficial respondents herein in the pending land acquisition proceedings for consideration of the official respondents and for taking appropriate action. 6.

Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date : 04.01.2018 AMD

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.25300 OF 2017 Date: 04.01.2018 AMD