Shahanoor Venkat Rama Rao v. The State Of Andhra Pradesh Rep By Its Prl. Secretary

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.39612 of 2016 ORDER:

This writ petition is filed, under Article 226 of the Constitution of India, for the following relief: "to issue an order or direction more in the nature of mandamus to declare the inaction of the respondents in particular the 3rd respondent in referring the matter to civil court under section 30 of old L.A.Act/section 76 of new L.A. Act, inspite of the representation 05/10/2016, in connection with the lands of the petitioner situated in S.No.10 admeasuring Ac.6.07 gts, S.No.11 admeasuring Ac 11.09 gts, S. No 13 admeasuring Ac.3.02 gts, S.No.129, admeasuring Ac 8.09 gts and S.No.423/A, Ac.13.32 gts. of Sridharaveleru Village of kukknoor Mandal which are sough to be acquired vide notification ROC No.E126264/2016/R/R, Dt.

22-09-2016, Published in Eenaadu, Telugu Daily, without showing the name of the petitioner and wanting to pay compensation to respondent no 6 to 14 as illegal, arbitrary and opposed to right to hold property under Art 300-A of the constitution of India and consequently to direct the respondent authorities to refer the matter to civil court by depositing the entire amount in to the court."

2.

Heard the learned counsel for the petitioner, learned Government Pleader for Land Acquisition for respondents 1 to 5 and Sri M. Rajamalla Reddy, learned counsel for the respondents 7, 8, 11, 12 and 13, apart from perusing the material available on record.

3.

In the present writ petition, petitioner is disputing the right of respondents 6 to 14 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 petitioner as well as 5th respondent 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 petitioner, learned Government Pleader for Respondents 1 to 5 and Sri M. Rajamalla Reddy, learned counsel for the respondents 7, 8, 11, 12 and 13, this Court is of the considered opinion that ends of justice would be served if the petitioner as well as respondents 6 to 14 are permitted to raise their claims before the Respondent authorities with regard to their right over the properties.

5.

For the aforesaid reasons, the Writ Petition is disposed of, keeping it open to the petitioner as well as the respondents 6 to 14 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.

6.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence. There shall be no order as to costs.

__________________ A.V. SESHA SAI, J March 14, 2017 PN

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.39612 of 2016 March 14, 2017 PN