Telangana High Court

WP/24430/2004 of Draksharapu Venkataramana, Vs The Special Deputy Collector (LA), on 29 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO: 24430 of 2004 Between: Draksharapu Venkataramana S/o late Apparao, OCC: Agriculture,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO: 24430 of 2004

Between:

Draksharapu Venkataramana

S/o late Apparao, OCC: Agriculture, aged 36 years, R/o 6-20, Paravada village, Paravada Mandal, Visakhapatnam District.

AND

1. The Special Dy.Collector (LA)

A.P.I.I.C, Industrial Estates,

Visakhapatnam

... PETITIONER

2. The District Collector, Visakhapatnam

...RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased todirect the respondents one in the nature of Writ of Mandamus directing therespondents herein to conduct enquiry with regard the ownership of the property inSy.No.113 admeasuring Ac.2.55 cents situated at Parvada Village, VisakhapatnamDistrict pursuant to the 4 (1) Notification of the Land Acquisition Act published inAndhra Prabha daily newspaper, Visakhapatnam dated 19-05-2003 .

Counsel for the Petitioner: MR.P.SURESHCounsel for the Respondents: GP FOR LAND ACQUISITION

The Court, at the admission stage, made the following:

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ORDER:

Heard the learned counsel for the petitioner and the learned GovernmentPleader for Land Acquisition. Learned counsel for the petitioner submits thatpetitioner is not questioning the notification issued under Section 4(1) of the LandAcquisition Act (for short ‘the Act’), but only claiming compensation for the lands.

2. Petitioner claims to be the successor over the property admeasuring Ac.2.55cents situated at Paravada Village, Visakhapatnam District, which is the subjectmatter of acquisition covered by notification dated 27-05-2004issued under Section4(1) of the Act, in which the names of third parties were shown as possessors. Onissuance of the notification, petitioner states that he made a representation dated 25-08-2004 claiming that he is the owner of the property and to conduct enquiry anddeclare him as the owner and possessor of the aforesaid land. In spite of the saidrepresentation, no enquiry whatsoever had been conducted by the first respondent.In view of the same, petitioner filed the present Writ Petition to direct the respondentsto conduct an enquiry with regard to the ownership of the property over the lands,which are the subject matter of acquisition. Petitioner already made representationfor compensation for the said land.

3. In view of the same, respondents shall issue notice to the petitioner about the duedate of enquiry and the petitioner can participate in the award enquiry and file hisclaim petition claiming compensation and can substantiate his right over the saidproperty during the course of the award enquiry. After giving opportunity to thepetitioner, necessary award shall be passed by the Land Acquisition Officer basedupon the documents that may be submitted by him claiming compensation for thesaid property.

The Writ Petition is accordingly disposed of. No costs.

___________________

December 29, 2004MRR / SVVASSISTANT REGISTRAR// TRUE COPY //SECTION OFFICERCopy to:1. The Special Dy.Collector (LA)A.P.I.I.C, Industrial Estates,Visakhapatnam2. The District Collector, Visakhapatnam3. Two C.C. s to the G.P. for Land Acquisition, High Court Buildings, Hyderabad(OUT)4. Two C.D. Copies.

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