Telangana High Court
WP/12106/1995 of Mareddy Ramaiah Vs The Dist. Collecter(L.A.) on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 12106 of 1995 Between: Mareddy Ramanaiah, S/o.Chinna Pullanna, Alaganoor village,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE R.SUBHASH REDDY
WRIT PETITION NO : 12106 of 1995
Between:
Mareddy Ramanaiah, S/o.Chinna Pullanna,Alaganoor village, Midthur Mandal, Kurnool district.
AND
..... PETITIONER
1 The District Collector (L.A.), Kurnool.
2 The Special Deputy Collecter (LA),
Nandyal, Kurnool district.
3 The Mandal Revenue Officer,
Midthur, Kurnool district.
.....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 toissue an appropriate Writ, order or direction more particularly in the nature of Writ ofMandamus declaring the action of the respondents in taking possession of the landin Sy.No.466 to an extent of Ac.3.42 cents situated at Alaganoor village, MidthurMandal, Kurnool district belonging to the petitioner for the purpose of construction ofSrisailam Right Branch Canal without initiating the Land Acquisition proceedingsand without paying the compensation as illegal, arbitrary and violative of themandatory provisions of the L.A.Act as well as violative of rights guaranteed underArticle 300(A) of the Constitution of India and consequently direct the respondents toinitiate the Land Acquisition proceedings, pass award and pay the compensationforthwith.
Counsel for the Petitioner: MR. C.B.RAM MOHAN REDDY
Counsel for Respondents: GOVERNMENT PLEADER FOR LANDACQUISITION
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ORDER:
This writ petition is filed seeking a Writ of Mandamus to declare the action ofrespondents in taking possession of the land in Survey No.466 to the extent of Ac.3-42 cents situated at Alaganur Village, Midthur Mandal of Kurnool District, withoutinitiating land acquisition proceedings, as illegal and arbitrary and further direction torespondents to pay compensation for the said land.
It is the case of the petitioner that Survey No.466 consists of total extent of Ac.10-80cents, which is situated at Alaganur Village, Midthur Mandal of Kurnool District. Inthe said Survey number, the petitioner is the owner and possessor to the extent ofAc.4-66 cents and out of the said land, an extent of Ac.0-84 cents was acquiredearlier and the remaining land was taken possession subsequently by therespondents without initiating any land acquisition proceedings and he is deprivedof his right to the property and payment of compensation for the said land.
In the counter affidavit filed on behalf of the second respondent, it is stated, the totalextent of land in Survey No.466 was Ac.10-86 cents and so far as the petitioner andhis family members are concerned, they were recorded as owners and possessorsonly to the extent of Ac.2-09 cents in Survey No.466, which has been sub-divided, i.e. Ac.0-84 cents in Survey No.466/1 and Ac.1-25 cents in SurveyNo.466/2. It is further stated, so far as the land of Ac.2-09 cents where the ownershipof the petitioner was recorded, the said land was notified under the provisions of theLand Acquisition Act and under an Award being 3/86-87 dated 14-05-1986 andAward No.25/93-94 dated 31-03-1994, the petitioner was paid compensation for thesaid land. The respondents denied the allegation of dispossessing the petitionerfrom the further extent of the land and also disputed the claim of the petitioner.
From the above said counter affidavit, the respondents are denying to have taken
Conclusion
possession of the land in question, and also title and possession of the petitioner formore than Ac.2-09 cents. In that view of the matter, it is a factual dispute, whichcannot be adjudicated in a petition filed before this Court in exercise of powersunder Article 226 of the Constitution of India. This petition is devoid of merits.However, if the petitioner is deprived of his right to the property and payment ofcompensation without due process of law, it is open to him to take any stepsavailable to him under the civil remedy.
The writ petition is dismissed, subject to the above directions.
30[th ]December, 2004.
Ak
____________________
R.SUBHASH REDDY, J
ASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1. The District Collector (Land Acquisition), Kurnool District.
2. The Special Deputy Collector (Land Acquisition), Nandyal,Kurnool District.Kurnool District.
3. The Mandal Revenue Officer, Midthur Mandal, Kurnool District.
4. Two CCs to the Government Pleader for Land Acquisition,High Court Buildings, Hyderabad (O.U.T).High Court Buildings, Hyderabad (O.U.T).
5. Two CD copies.