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High Court for State of TelanganaWP/41117/2017disposed of no costs

Dugyampudi Chinna Achaiah, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

2017-12-07A.Rajasheker Reddy4 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.41117 OF 2017 ORDER:

The grievance of the petitioners is that they are having small extents of lands in Vemulakota Village and they are eking out livelihood by doing agriculture. The details of said lands are as under:

Sl.No.

Name Survey No.

Extent Ac. Cents 1.

Dugyampudi Chinna Achaiah 746/1 2-83 746/3 0-51 2.

Dudekula Pedda Kasaiah 746/3 0-88 3.

Dudekula Hussain 746/3 0-88 4.

Dudekula Mastan Vali 746/3 0-88 5.

Rachakonda Bharati 746/3 0-81 6.

Rachakonda Venkatramaiah 746/3 0-81 7.

Rachakonda Sreenivasulu 746/3 0-81 8.

Keesara Seshi Reddy 747/1 2-05 9.

Gopaluni Venkata Srinivasa Rao 747/2 1-98 1-66 10.

Kakarla Venkateshwarlu 0-83 Kuricheti Yogaiah 1-66 Janke Kashamma 1-45 The above said lands are sought to be acquired by virtue of notification issued in Rc.No.B/13/2009, dated 18-09-2017 under Section 11(1) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short " the Act"). In pursuance to

the same, the petitioners filed objections on 06-11-2017 and the grievance of the petitioners is that there are adjacent government lands. Without considering the said aspect, the respondents are going ahead with the acquisition proceedings. Aggrieved by the same, the present writ petition is filed. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition. The acquisition proceedings are only at the stage of considering the objections. When the petitioners have raised objections, the respondents are bound to consider the same in terms of Section 15(2) of the Act and also by affording opportunity of hearing to the petitioners.

In view of the same, the 3rd respondent is directed to consider the objections of the petitioners after affording opportunity of hearing to them as envisaged under Section 15(2) of the Act. After considering the objections only, the respondents shall proceed further in the matter. With the above direction, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 07-12-2017 Nvl