Morampalli Ramana, W/O Rama Swamy, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.46692 OF 2016 ORDER:

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 Authority as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 inspite of Petitioners objections made on 27-10-2016 covered under Final Notification issued vide Rc.No.E126307/2016 R&R , dated -9-2016 published in Eenadu Daily Newspaper in respect of lands situated in Survey Number 169 admeasuring Ac. 2-34 gts situated in Kivvaka Village of Kukunuru Mandal of West Godavari District and trying to pay the compensation amounts of land in question in favour of respondents No.4 to 7 herein is arbitrary, illegal and violative of Articles 14 and 300-A of Constitution of India and consequentially to direct the 3rd respondent to refer the matter to the Authority by duly depositing the entire compensation amount in respect of land in question."

2.

Heard the learned counsel for the petitioner, learned Government Pleader for Land Acquisition for respondents 1 to 3 and Sri M.Rajamalla Reddy, learned counsel for the

AVSS,J W.P.No.46692 of 2016 respondents 4, 6 and 7, apart from perusing the material available on record.

3.

In the present writ petition, petitioner is disputing the right of the respondents 4 to 7 in receiving compensation amount in respect of the subject property. It is submitted by the learned Government Pleader, on instructions, that award has not yet been passed in respect of the subject property and it is open for the petitioner as well as respondents 4 to 7 to raise their claims before the Authorities under Act 30 of 2013. 4.

Having regard to the submissions made by the learned counsel for the petitioner, the learned Government Pleader for Respondents to and the learned counsel for respondents 4, 6 and 7, this Court is of the considered opinion that ends of justice would be served, if the petitioner as well as respondents 4 to 7 are permitted to raise their claims before the respondent authorities with regard to their right over the properties.

5.

For the aforesaid reasons, this writ petition is disposed of, keeping it open to the petitioner as well as the respondents to 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.

AVSS,J W.P.No.46692 of 2016 6.

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

____________________ A.V.SESHA SAI, J 28.02.2017 SS