M.A.Rawoof v. State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.21556 OF 2016 ORDER:

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

"declaring the action of the respondents in seeking to deprive the petitioners of their respective lands in Survey No.435-4A, admeasuring Ac.0.79 cents out of Ac.1.09 cents and Survey No.435-4A (4C), admeasuring Ac.0.30 cents out of Ac.1.09 cents, situated at S.Sadla Palli Polam, abutting Auto Nagar, Hindupur, Ananthapuram District as otherwise than in due process of law, as illegal and arbitrary and to consequently direct the respondents not to dispossess the petitioners from their respective lands unless and until proceedings under the provisions of right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 are initiated and due compensation is paid to the petitioners; Award costs and pass other or further orders as are deemed fit and proper in the circumstances of the case." Heard learned counsel for the petitioners.

Learned Assistant Government Pleader for Revenue rightly pointed out that even as per sale deed filed by the petitioners, they have purchased lands in Survey No.435-4A to an extent of 0.79 cents and 0.30 cents and they do not own lands in Survey No.435-4C. Basing on the written instructions she submits that the respondents are not acquiring any land in Survey No.435-4A and that the acquisition is only in respect of the land to an extent of 0.30 cents in Survey No.435-4C. She further submits that the respondents never interfered with the possession of the lands of the petitioners and not issued any notice with regard to the land situated in Survey No.435-4A.

In this case, even according to the registered documents filed along with the writ petition, the petitioners do not own any lands in Survey No.435-4C, as such, they cannot have any grievance with regard to the acquisition of land by the respondents. From the written instructions dated 05.07.2016, produced by the learned Assistant Government Pleader it is clear that the respondents are not acquiring lands in Survey No.435-4A. Recording the aforesaid submissions made by the learned Assistant Government Pleader for Revenue, the writ petition is disposed of. No order as to costs. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 08.07.2016 Note: Issue CC in one week B/o. tk