Telangana High Court
WP/12628/2010 of A.Venkata Lakshmamma, Vs The Special Deputy Collector on 30 December 2010
SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.12628 of 2010 DATED:30.12.2010 BETWEEN A.VENKATA LAKSHMAMMA …PETITIONER AND THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION, ANANTHAPUR & OTHERS …RESPONDENTS. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.12628 of 2010
DATED:30.12.2010
BETWEEN
A.VENKATA LAKSHMAMMA
…PETITIONER
AND
THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION,ANANTHAPUR & OTHERS
…RESPONDENTS.
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ORDER: -
This writ petition is filed by the petitioners seeking a writ ofmandamus to declare the action of the 1[st] respondent in trying todisburse the entire compensation amount in favour of respondents-2and 3 pending title dispute with regard to property in S.No:315-2 to anextent of Ac.13.78 cents situated at Marala village, BukkapatnamMandal, Ananthapur District without referring the matter under section30 of the Land Acquisition Act as illegal and arbitrary andconsequently to direct the 1[st] respondent to refer the dispute to CivilCourt under section 30 of the Land Acquisition Act 1894 with regard tothe disbursement of compensation amount in respect of the property inquestion.
While ordering notice before admission on 23.7.2010, this Courtgranted liberty to the petitioner to raise her objections before theDistrict Legal Services Authority, Ananthapur and further directed to consider the same and pass appropriate orders in accordance with lawbefore making disbursement. Further, on 4.10.2010, this Courtdirected the 1[st] respondent not to release the compensation withregard to an extent of Ac.2.00 of land claimed by the petitioner out ofAc.13.78 guntas of land which stood in the name of A.Rami Reddy.
At this stage of the proceedings, the learned G.P for LandAcquisition has placed before this Court a copy of the proceedings inRc.No:A/58/07, dated 18.9.2010, which is the correspondencebetween the Special Deputy Collector, Land Acquisition and theDistrict Collector, Ananthapur. The penultimate paragraph of the saidproceedings reads as under:
“Therefore, the land compensation amount for extent ofAc.13.78 which was worked out to Rs.9,64,600/- (Rupees ninelakhs sixty four thousand and six hundred only) has beendecided to be kept in Civil Court Deposits referred under section30 (2) of the Land Acquisition Act and referred to Senior CivilJudge, Penukonda. Accordingly, the petitioners are informedthrough an endorsement.”
In view of the action taken by the 1[st] respondent in the aboveproceedings, the petitioner can as well work out her remedies byapproaching the Court as referred to in the above proceedings, towhich the matter has been referred under section 30 of the LandAcquisition Act.
With the above observation, this writ petition is disposed of. Nocosts.
__________________
G. CHANDRAIAH, J
Date:30.12.2010
Gurc.
DATED:30.12.2010