Amaravarapu Venkata Rao v. The State Of Andhra Pradesh

bTHE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.39212 of 2016 O R D E R:

This Writ Petition is filed under Article 226 of the Constitution of India, for the following relief:

"To issue a Writ, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in not referring the matter to civil court under Section 30 of the Old Act and Section 76 of the New Land Acquisition Act inspite of the petitioners representation dated 28.10.2016 in connection with the petitioners lands situated in Sy No. 2, 31, 32, 35, 35, 180 of an extent of Ac.0.15, 1.05, 1.29, 1.33, 1.33 and 3.00 gts situated at Dacharam village, Kukunur Mandal, West Godavari District inspite of the ROR appeal pending before the 4th respondent without showing the petitioner name in the Land Acquisition Notification dt. 8.10.2016 and trying to pay the compensation amounts in favour of the respondents 6 to 7 in respect of the land in question is illegal and avoid and opposed to Article, 14, 19, 21 and 300-A of Constitution of India and consequently to direct the respondents 1 to 5 to refer the matter to the civil court by depositing the entire compensation amount in respect of the land in question."

2.

Heard the learned counsel for the petitioners, the learned Government Pleader appearing for Respondents 1 to 5 and the learned counsel appearing for the respondents 6 and 7 apart from perusing the material available on record.

3.

In the present Writ Petition, the petitioners herein are disputing the right of the respondents 6 and 7 in receiving compensation amount in respect of the subject properties. It is submitted by the learned Government Pleader, on instructions, that award has not yet been passed in respect of the subject

properties and it is open for the petitioners as well as the respondents 6 and 7 to raise their claims before the Authorities under Act 30 of 2013. 4.

Having regard to the submission made by the learned counsel for the petitioners, the learned Government Pleader for Respondents 1 to 5 and the learned counsel for the respondents 6 and 7, this Court is of the considered opinion that ends of justice would be served if the petitioners as well as the respondents 6 and 7 are permitted to raise their claims before the Respondent authorities with regard to their right over the property. 5.

For the aforesaid reasons, the Writ Petition is disposed of, keeping it open to the petitioners as well as the respondents 6 and 7 to raise their respective claims before the 3rd respondent and it is open for the 3rd respondent to consider the same and pass appropriate orders, in accordance with law. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs. ______________ A.V.SESHA SAI, J Date:09.03.2017 grk

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.39212 of 2016 Dated: 09.03.2017 grk