WP/21752/2005 of Bhrat Das, Vs the Andhra Pradesh State road Transport Corporation, on 29 December 2005

ORDER:

Petitioner submitted a representation dated 1.8.2005 to the respondent hereinstating, inter alia, that he is the owner of the land in survey Nos.8, 9 and 10 ofThotaguda (Imlibun village) and an extent of Ac.3.38 cents was taken by therespondent for the construction of bus stand. He states that on an earlier occasion,the respondent addressed a letter dated 21.7.1986 calling for the consent of thepetitioner and thereafter neither the proceedings were initiated, nor any compensation was paid. He states that no orders are passed thereon and thereby heis handicapped from pursuing his remedies.

Heard the learned counsel for the petitioner and the learned Standing Counsel forthe respondent.

The writ petition came up for admission on 5.10.2005, the learned Standing Counselfor the respondent was granted time on two occasions to obtain instructions and tofile counter. No counter is filed so far.

The question as to whether the petitioner is the owner of the land in question and ifso, whether the same ought to have been acquired under the provisions of the LandAcquisition Act, needs to be considered. The respondent is the ultimate beneficiaryof the land. It must, at least, inform the petitioner as to the manner in which the landwas taken over and the nature of the rights of the petitioner vis-à-vis of the said land.The representation of the petitioner cannot be kept pending indefinitely.

Hence, the writ petition is disposed of directing the respondent to pass appropriateorders on the representation dated 01.8.2005 made by the petitioner andcommunicate the same to the petitioner within a period of eight weeks from the dateof this order. No order as to costs.

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29.12.2005.