B. Saraswathi v. Govt. Of India

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.46670 of 2018 ORDER :

This writ petition is filed praying to grant the following relief: "For the reasons stated in the accompanying affidavit, it is, therefore, prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent No.3 in considering the objections submitted by the petitioners that the land in an extent of Ac.404.70 Square Meters out of Ac.2.87 Cents in Sy.No.198/2, 1456.92 Square Meters out of Ac.3.57 Cents in Sy.No.200/2 and 364.23 Square Meters out of Ac.1.00 Cents in Sy.No.201/2 of Addenapalli Village fields, Pakala Mandal, Chittoor District is the joint family property of the respondent No.4. and ourselves that the suit filed by the petitioners in O.S.No.

85 of 2017 on the file of the Court of the VIII Additional District Judge, Chittoor District is pending adjudication and taking steps to pass award and make payment in favour of respondent No.4 for the same as arbitrary, illegal and contrary to the provisions of the National High Ways Act, 1956 and violative of the fundamental and Constitutional rights guaranteed to the petitioners under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No.3 to refer the dispute to the authority under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for determination about the entitlement of payment of compensation in respect of the land in an extent of Ac.404.70 Square Meters out of Ac.2.87 Cents in Sy.No.198/2, 1456.

92 Square Meters out of Ac.3.57 Cents in Sy.No.200/2 and 364.23 Square Meters out of Ac.1.00 Cents in Sy.No.201/2 of Addenapalli Village fields, Pakala Mandal, Chittoor District and pass such other order or orders as are deemed fit and proper in the circumstance of the case."

When the matter is taken up, learned counsel for the petitioners informs this Court that after filing of the writ petition, a notice signed on 22.12.2018 was served on the petitioners and the rival claimants directing them to appear before the CALA & Joint Collector on

26.12.2018 and to submit documentary evidence pertaining to the lands in issue.

In view of the same, no orders are required to be passed at this stage. Leaving it open to the petitioners to work out their remedies, if any adverse decision is made by the CALA & Joint Collector, Chittoor, the Writ Petition is disposed of.

Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.NAVEEN RAO, J 24th December, 2018 JSU

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.46670 of 2018 DATED : 24.12.2018 JSU