Telangana High Court
WP/27910/2007 of Syed Yaseen Sab, Vs The District Collector, on 31 December 2007
SRI JUSTICE V.ESWARAIAH WRIT PETITION No :27910 of 2007 DATED:31-12-2007 BETWEEN: Syed Yaseen Sab. ..... PETITIONER AND The District Collector, Anantapur District & 2 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government
THE HONOURABLE SRI JUSTICE V.ESWARAIAH
WRIT PETITION No :27910 of 2007
BETWEEN:
DATED:31-12-2007
Syed Yaseen Sab.
AND
..... PETITIONER
The District Collector,Anantapur District & 2 others.
.....RESPONDENTS
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ORDER:
Heard learned counsel appearing for the petitioner as wellas the learned Government Pleader for Revenue appearing forthe respondents.
2. Petitioner seeks a writ of mandamus declaring theaction of the respondents in taking steps to acquire the land ofthe petitioner an extent of Ac.2.40 cents in Sy.No.25/4 situatedat Gollapuram village, Hindupur mandal, Anantapur Districtwithout following any procedure and without initiating anyproceedings under any of the statutes, as illegal and arbitrary.
3. It is the case of the petitioner that he being a landlesspoor was assigned an extent of Ac.2.40 cents by the thenMandal Revenue Officer, Hindupur vide proceedings inD.A.R.Dis.No.204/65, dated 12-12-1955, and since then he wasin continuous possession and enjoyment of the same. Whileso,the Tahsildar, Hindupur issued a notice in Rc.No.51/2007 (B)dated 31-10-2007 stating that the said land is required for publicpurpose used by the APIIC and accordingly, the assigned landvide D.A.R.Dis.No.209/65 IB No.127/436 in respect of Ac.2.40cents in Sy.No.25-4 situated at Gollapuram village, Hindupurmandal is sought to be resumed by giving the appropriate ex-gratia in accordance with the Government orders. Accordingly, petitioner was directed to appear before the Tahsildar on 05-11-2007 and submit the original documents of the said land, i.e., D-form patta, ryotwari pass book, passport, photographs, andration card etc., It is stated that petitioner made arepresentation, dated 05-04-2007, requesting not to resume thesaid land as he also wants to utilize the same for industrialpurpose.
4. I am not inclined to express any opinion whether the saidrequest can be considered or not, but if the petitioner is notallowed to utilize the same for industrial purpose and if the saidland is sought to be resumed the respondents have to paycompensation/ex-gratia as per the provisions of the LandAcquisition Act, 1984 including the solatium, additionalcompensation, and interest as directed by this Court inW.P.No.28085 of 2007 & Batch, dated 28-12-2007.
5. Having regard to the facts and circumstances,respondents are directed to consider and dispose of therepresentation of the petitioner, dated 05-11-2007, and till finalorders are passed, keeping in view the aforesaid observations,no coercive steps may be taken.
6. Accordingly, Writ Petition is disposed of. No order as tocosts.
_________________
V.ESWARAIAH,J
31[st] December, 2007.Note:
Furnish C.C. of the orderwithin two days.
B/o
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