Chinthirala Vijay Mohan Rao, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.40419 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, an order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in referring the matter to competent authority under Section 64 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in-spite of representation dated 14.11.2016, in connection with the lands of the petitioners situated in Sy. Nos. 4,8,40,45,51,59,62,63,64,67,68,69,71 and 109 total admeasuring an extent of Ac. 29.5 guntas of Upperu Village of Kukknoor Mandal which are sought to be acquired vide notification ROC. No. E 126307/2016/R/R, Dated 10-2016, published in Enaadu Telugu daily News Paper dated 05.10.2016, wanting to pay compensation to the un-officials respondents Nos. 7 to 12 as being illegal, arbitrary and contrary to the Article 300-A of the Constitution of India and consequently to direct the respondent authorities to refer the matter to competent authority as required under the new Act, 30 of 2013 by depositing the entire amount into the court." 2.

Heard the learned counsel for the petitioners, the learned Government Pleader appearing for Respondents 1 to 6 and the learned counsel appearing for respondents 7 to 13 apart from perusing the material available on record. 3.

In the present Writ Petition, the petitioner herein is disputing the right of the respondents 7 to 13 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 7 to 13 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 6 and the learned counsel for respondents 7 to 13, this Court is of the considered opinion that ends of justice would be served if the petitioners as well as respondents 7 to 13 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 respondents 7 to 13 to raise their respective claims before the 6th respondent and it is open for the 6th 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:13.04.2017 grk

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.40419 of 2016 13.4.2017 grk