Telangana High Court

WP/16677/2007 of V. Swamy Reddy, Vs The State of A.P. rep. by its Principal Secretary, on 31 December 2008

COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.16677 of 2007 Between: 1 V. Swamy Reddy, S/o. Narsa Reddy, 2 V. Jagan Mohan

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENTTHE HON'BLE MR JUSTICE RAMESH RANGANATHANWRIT PETITION NO.16677 of 2007

Between:

1 V. Swamy Reddy, S/o. Narsa Reddy,

2 V. Jagan Mohan Reddy, S/o. V. Swamy Reddy, 3 V. Madan Mohan Reddy, S/o. V. Swamy Reddy, 4 P. Suguna, D/o. Swamy Reddy, 5 I. Ram Reddy, S/o. Ganga Reddy, 6 D. Laxma Reddy, S/o. Bucha Reddy, (Petitioners 3 & 4 rep. by their GPA Holder, 1st Petitioner) all areR/o. Rayakunta Village, Shamshabad Mandal,Ranga Reddy District.

..... PETITIONERS

AND

1 The State of A.P. rep. by its Principal Secretary, Municipal Administration & Urban Development, Secretariat Buildings, Hyderabad.

2 The District Collector, Ranga Reddy District, Lakdikapool,Hyderabad.Hyderabad.

3 The Land Acquisition Officer and Special Deputy Collector, Land Acquisition Division (II), Acquisition Division (II), Outer Ring Road, HUDA Complex, Tarnaka, Hyderabad.

4 The Hyderabad Urban Development Authority rep. by its Vice Chairman, Paigah Palace, Rasoolpura, Begumpet, Secunderabad.

5 Mandal Revenue Officer, Shamshabad Mandal, R.R. 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 one inthe nature of Writ of Mandamus declaring the action of the respondentsin acquiring the lands belonging to the petitioners in Sy.No. 36/Aadmeasuring Ac. 8-04 gts, 36/AA admeasuring Ac. 6-00 gts., Sy.No.42/A admeasuring 3-30 gts, Sy.No. 42/AA admeasuring Ac.3-30 gts, Sy.

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No. 42/E, admeasuring Ac. 3-30 gts, Sy.No. 42/EE admeasuring Ac. 3-30 gts and Sy.No. 43 admeasuring Ac. 15-08 gts respectively situated atRaikunta Village, H/o. Golkondakalan Village, Shamshabad Mandal,Ranga Reddy District for the purpose of development of township andfuture projects, pursuant to notification under Sec. 4 of the LandAcquisition Act in Ref. No. G2/3179/2004, dt. 19-06-2004 publisehd inA.P. Gazettee R.R.No. 42, dt. 24-06-2004 and declaration under Sec. 6of the Land Acquisition Act published in A.P. Gazettee in R.R. NO. 139dt. 30-07-2005, as illegal, arbitrary, malafide and without jurisdiction andto consequently direct the respondents herein to forbear from interferingwith the possession and enjoyment of the petitioner over the above saidlands.

Counsel for the Petitioners: MR.V.RAMAKRISHNA REDDY

Counsel for the Respondent No.: MR.RAVINDRA YANAMANDRA

The Court made the following :

THE HON’BLE SRI JUSTICE RAMESH RANGANATHANWrit Petition No. 16677 of 2007

Order:

Both Sri V. Rama Krishna Reddy, learned counsel for thepetitioners, and Sri Y. Ravindra, learned Standing Counsel appearingfor the Hyderabad Urban Development Authority, would agree that thesubject matter of this writ petition is covered by the judgment of thisCourt in Gajjela Narasimha Reddy v. Collector, Ranga ReddyDistrict[[1]].

Following the law laid down therein, this writ petition is alsoallowed and the impugned notifications are quashed to the extent of thelands belonging to the petitioners. The respondents, however, are notprecluded from initiating acquisition proceedings afresh in accordancewith law and in the light of the findings recorded in the aforesaidjudgment. No costs.

__________________________

RAMESH RANGANATHAN, J.

Date: 31.12.2008Nsr

[1] 2008 (5) ALT 233 2008 (5) ALT 233

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