Mohammed. Amanullah Khan v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.42321 OF 2018

O R D E R

It is the case of the petitioner that the Government of Andhra Pradesh considering the poverty assigned an extent of Ac.5-00 cents situated in Sy.No.391 of Sakunala Village, Orvakal Mandal, Kurnool District in favour of father of the petitioner by name Mohammed Saifullah Khan vide R.Dis.No.79/DAR/85, dated 2307-1975. During his life time, the father of the petitioner cultivated the subject land and after his death, the petitioner is in possession and enjoyment of the subject land. The authorities of Ultra Mega Solar Park have entered the subject land and taken possession of the same in the month of May, 2017 stating that the Government of Andhra Pradesh has handed over the possession of land to them for the purpose of establishment of Mega Solar Park.

The possession was taken from the petitioner forcibly by spoiling standing crop in the subject land. Thereafter on enquiry, the 4th respondent informed the petitioner that subject land was resumed vide proceedings in Rc.A.588/2014, dated 17-10-2014 for the purpose of establishing Ultra Mega Solar Park and no notice was served on him before resuming the same. Aggrieved by the resumption orders, the petitioner filed appeal before the 3rd respondent and the same was allowed vide orders dated 19-05-2018 in Rc.A.194/2015. After allowing the appeal, the petitioner submitted an application to the 3rd respondent to pay compensation for the subject land. The petitioner was paid Rs.

Ac.5-00 cents though he is entitled for entire land. Aggrieved by the same, the petitioner filed application to the 3rd respondent on 30-10-2018 requesting him to pay for compensation for balance Ac.3-00 cents also. As the same is not being disposed of, the present writ petition is filed.

Heard learned counsel for the petitioner.

Learned Assistant Government Pleader for Revenue on instructions submits that the 3rd respondent will consider the application of the petitioner and take action and it is under process.

In view of the same, the 3rd respondent is directed to consider the application of the petitioner for payment of compensation in respect of balance Ac.3-00 cents of land of the petitioner and take action within a period of eight weeks from the date of receipt of a copy of this order.

With the above direction, the writ petition is disposed of. Interlocutory applications pending, if any, shall stand closed. No costs.

------------------------------------------- A.RAJASHEKER REDDY,J 14-12-2018 Nvl