Telangana High Court

WP/27941/2008 of Nali Seshaiah Vs The Government of Andhra Pradesh, rep. By its Secretary on 24 December 2008

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 27941 of 2008 Between: 1 Nali Seshaiah S/o. Lakshmaiah R/o.H.No.7/662/N3A, Cumbum Road,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENTTHE HON'BLE MS JUSTICE G.ROHINI

WRIT PETITION NO : 27941 of 2008

Between:

1 Nali Seshaiah S/o. Lakshmaiah

R/o.H.No.7/662/N3A, Cumbum Road,

Markapur, Prakasam District.

2 Ch. Ramesh Kumar S/o. Pitchaiah

R/o.H.No.7/662/N3A, Cumbum Road,

Markapur, Prakasam District.

3 Perla Yogi Rama Krishna S/o. Venkateswarlu R/o.H.No.7/28-1, Vijaya Talkies Road, Markapur, Prakasam District.

4 P. Koteswari W/o. P. Venkateswarlu

R/o.H.No.5/179, Naidu Street, Behind Bangaramma Temple, Markapur, Prakasam District.

5 P. Venkata Subba Rao S/o. Bala Subbaiah C/o. Tarun Fashion World, College Road, Markapur, Prakasam District.

6 P. Naga Ranga Lakshmi Devi W/o. Sree Ramulu C/o. R/o.H.No.9/99, Kasturibai Street, Opp. Sravani Hospital, Markapur, Prakasam District.

7 P. Rahim S/o. Peeramahammed

C/o. R/o.H.No.6-366(F), Islampet, Opp. Kalvagattu, Markapur, Prakasam District.

8 K. Vengaiah S/o. Chinna Obaiah

R/o.H.No.1-204-E-9, New Water Tank,

Markapur, Prakasam District.

9 K. Subbarayudu S/o. Chinna Obaiah

R/o.H.No.1-205-J-7, New Water Tank,

Markapur, Prakasam District.

10 M. Gangaiah S/o. Venkata Subbaiah

R/o. 7th Ward, 7/353 C, Markapur, Prakasam District.

11 M. Naga Lakshmi W/o. Gangaiah

R/o.H.No.7/353-C, 7th Ward, New Water Tank, Markapur, Prakasam District.

12 Kalangi Amaraiah S/o. Narasaiah

R/o. Chilakacherla Village, Y. Cherlopalli Post,

P. Dornal Mandal, Prakasam District.

13 Potu Gangaiah S/o. Gangaiah

R/o. D.No.4-325-A, Sarvodaya Nagar, Meerpet, SaroornagarMandal, R.R. District.

14 S. Mohan Rao S/o. Mannaiah

R/o. Kandulapuram Post, Cumbum Mandal,

Prakasam District.

15 B. Suvarthamma W/o. Danam

R/o. Hubli Village, Dharwada District,

Karnataka State.

16 U. Prabhavathi W/o. Srinivaslulu

R/o.H.No.1-203-2-73-77-C, Markapur, Prakasam District.

17 U. Mani Kumari W/o. Venkateswarlu

R/o.H.No.1-203-2-73-77-C, Markapur, Prakasam District.

18 U. Ramesh S/o. Adivaiah

R/o.H.No.6-342, Markapur, Prakasam District.

19 V. Ramanamma W/o. Subbarao

R/o.H.No.10/838-D, Markapur, Prakasam District.

20 K. Annapurna S/o. Seshagirirao

R/o. H.No.12-85, Srinagar, Pathancheru, Medak District.

21 B. Amba Bai w/o. Lakshman Singh

R/o. Markapur, Prakasam District.

22 P. Prabhakar Rao S/o. Subbarayudu

R/o.H.No.10/376, Kasturibai Street,

Markapur, Prakasam District.

23 Shaik Amanulla S/o. Ghouse Mohiddin

R/o.10/973, Markapur, Prakasam District.

24 Shaik Amanulla S/o. Ghouse Mohiddin

R/o.10/973, Markapur, Prakasam District.

25 S.K. Chand Basha S/o. Shali Peeran

R/o. D.No.2/21, Markapur, Markapur, Prakasam District.

.....PETITIONERS

AND

1 The Government of Andhra Pradesh, rep. By its Secretary Irrigation& CAD Department, Secretariat, Hyderabad.

2 The District Collector, Prakasam District at Ongole.

3 The Special Collector, Land Acquisition, Poola SubbaiahVelugonda Project, Ongole, Prakasam District.4 The Special Deputy Collector, Land Acquisition, Unit-III, Cumbum,Prakasam District.

5 The Revenue Divisional Officer, Markapur, Prakasam District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a writ, order or direction more particularly onein the nature of Writ of Mandamus declaring the action of therespondents in proposing to acquire lands of the petitioners

admeasuring 8417 Sq. yards situated in Sy.Nos.10/4, 10/6, 10/7, 10/8,10/9 and 11/2,3,4,5 and plots out of total extent of Ac.16.11 cents ofNarsimhapuram Village, Markapur Mandal, Prakasam District withoutinitiating the Land Acquisition Proceedings as illegal, arbitrary,consequently direct the respondents not to dispossess or in anymanner interfere with the possession and enjoyment of the petitionersland.

Counsel for the Petitioner: MR.S.A.K.MYNUDDIN

Counsel for the Respondent No.: GP FOR LAND ACQUISITIONThe Court made the following :

THE HON’BLE Ms. JUSTICE G. ROHINIWRIT PETITION No. 27941 of 2008

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O R D E R:

This writ petition is filed seeking a declaration that the action ofthe respondents in proposing to acquire the land of the petitionersadmeasuring 8417 square yards in Sy.Nos.10/4, 10/6, 10/7, 10/8, 10/9and 11/2,3,4,5 and plots out of total extent of Ac.16.11 cents ofNarsimhapuram village, Markapur Mandal, Prakasam District withoutinitiating the necessary proceeding under the Land Acquisition Act,1894 is arbitrary and illegal.

When the matter is taken up for consideration, the learnedGovernment Pleader under instructions from the respondentsrepresented that the notification under Section 4(1) of the LandAcquisition Act, 1894 (for short ‘the Act’) was published on 08-08-2008 and thereafter, notices were also issued to all the personsinterested calling upon them to submit their objections in the enquiryunder Section 5-A of the Act. It is also stated that the petitioner hereinhad submitted objections within the stipulated time and furtherproceedings are pending and that there is no threat of dispossessionas on today.

In the circumstances, no further enquiry is necessary and accordingly, the Writ Petition is disposed of leaving it open to therespondents to proceed further strictly in accordance with theprocedure prescribed under law. No costs.

______________

G. ROHINI,J

Date: 24-12-2008KLP

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