Telangana High Court
WP/27449/2005 of Mandavalli Surya Prasad, Vs The Government of Andhra Pradesh represented by its on 28 December 2005
MR. JUSTICE V.V.S. RAO WEDNESDAY, THE 28TH DAY OF DECEMBER, 2005 W.P.No. 27449 of 2005 Between:- Mandavalli Surya Prasad --Petitioner And The Government of Andhra Pradesh rep., by its Secretary, Endowments Department, Secretariat Building, Hyderabad and three others. --Respondents THE
WEDNESDAY, THE 28[TH] DAY OF DECEMBER, 2005
W.P.No. 27449 of 2005
Between:-
Mandavalli Surya Prasad
And
--Petitioner
The Government of Andhra Pradesh rep., by its Secretary, EndowmentsDepartment, Secretariat Building, Hyderabad and three others.
--Respondents
THE HON'BLE MR JUSTICE V.V.S.RAO
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ORDER:
WRIT PETITION No.27449 of 2005
The petitioner is resident of Dwaraka Tirumala. He is aggrieved by the action of thefourth respondent in issuing notices under Sections 9(3) and 10 of Land AcquisitionAct, 1894 (the Act, for brevity) and therefore, invoked the jurisdiction of this Court todeclare the same as illegal and for an order setting aside the same.
It is the case of the petitioner that the respondents issued a notification underSection 4(1) of the Act proposing to acquire Acs.0.49½ of the land in varioussubdivisions of survey No.45 including the land admeasuring Acs.0.06 belonging tothe petitioner for the purpose of developing Sri Venkateswara SwamyDevasthanam, Dwaraka Tirumala. By the said notification, enquiry under Section 5-A of the Act was dispensed with. The petitioner and others challenged thenotification by filing various writ petitions being W.P.No.5784 of 2004 and batch. Bya common order dated 29.8.2005, this Court disposed of the batch of writ petitionsdirecting the Land Acquisition Officer to conduct enquiry under Section 5-A of theAct in accordance with law. It is the case of the petitioner that thereafter the enquiryunder Section 5-A of the Act was not completed, but the fourth respondent issuednotices in Form-7 under Sections 9(3) and 10 of the Act, which is illegal.
The matter was initially listed on 26.12.2005. The matter was adjourned to enablethe learned Assistant Government Pleader for Revenue (Land Acquisition) to getinstructions in the matter. After getting instructions in the matter, the learnedAssistant Government Pleader submits that the enquiry under Section 5-A of the Act,as directed by this Court, is still pending and that in view of the same, the declarationunder Section 6(1) of the Act was not issued. He, therefore, does not dispute theillegality in issuing the notices under Sections 9(3) and 10 of the Act impugned inthe writ petition.
Therefore, this writ petition is allowed. The impugned notice is set aside. It shallhowever be open to the fourth respondent to complete the enquiry under Section 5-A
of the Act and proceed further in accordance with law. There shall be no order as tocosts.
December 28, 2005.
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(V.V.S.RAO, J)
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