Telangana High Court

WP/22969/1998 of B. Eranna, Vs Government of A.P., on 30 December 2004

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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 GOPALA KRISHNA TAMADA WRIT PETITION NO : 22969 of 1998 Between: 1. B. Eranna s/o B. Ramalingappa, aged about 45 years,

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 GOPALA KRISHNA TAMADA

WRIT PETITION NO : 22969 of 1998

Between:

1. B. Eranna s/o B. Ramalingappa, aged about 45 years, R/o. 8/6, Mugetipeta,Yemmiganur, Kurnool District,Yemmiganur, Kurnool District,

2. B. Govindamma w/o Ramachengappa, aged about 65 years, D.No.8/6,Mugetipeta, Yemmiganur, Kurnool District,8/6,Mugetipeta, Yemmiganur, Kurnool District,

3. U.K. Bhemanna s/o U.K. Eranna, aged about 38 years, Agriculturist, R/o D.No.2/169, Upper Street, Yemmiganur, Kurnool District,2/169, Upper Street, Yemmiganur, Kurnool District,

4. U.K. Ramesh s/o U.K.Allappa, aged about 35 years, D.No. 2/168, Upper Street,Yemmiganur, Kurnool District,Yemmiganur, Kurnool District,

5. Chakali Chinna Hussain s/o late Chakali Potappa, aged about 50 years,Agriculturists, Yemmiganur, Kurnool District.Agriculturists, Yemmiganur, Kurnool District.

..... PETITIONERS

AND

1 Government of A.P., Rep. by its Secretary, Revenue DepartmentSecretariat, Hyderabad.Secretariat, Hyderabad.

2 District Collector, Kurnool , Kurnool District 3 Revenue Divisional Officer, Adoni, Kurnool District.

4 Mandal Revenue Officer, Yemmiganur, 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 will be pleased toissue a Writ, order or direction more particularly one in the nature of writ of Mandamus declaring the Notification issued Under Sec.4(1) of the Land AcquisitionAct by the 2nd Respondent vide his proceedings No. 3328/97 dt:8.9.1997 publishedin A.P.,Hyderabad Edition dt:28.9.1997, proposing to acquire the lands of thePetitioners i.e PETITIONER NO. EXTENT SY.Nos.1st Petitioner Ac. 1-24 Cents 272B, 2nd Petitioner Ac. 0-15 " 275 B/2 3rd Petitioner Ac. 2-21 " 273 4th Petitioner Ac.3-64 " 272A Ac. 2-94 " 273 Ac. 2-57 " 274 5th Petitioner Ac. 0-52 " 445 Ac. 0-84 "445" situated at Yemmiganur Village and Mandal, Kurnool District, as illegal andarbitrary and set-aside the same and further declare the dispensing with the EnquiryUnder Sec.5-A of the Land Acquisition Act is contrary to the Principles of NaturalJustice and violative of Articles 14 and 21 of the Constitution of India as well directthe respondents to hear the objections of the petitioners before proceeding with theacquisition.

Counsel for the Petitioner: MR.P.SRINIVASULU

Counsel for the Respondents : GP FOR LAND ACQUISITION

The Court made the following :

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O R D E R

The petitioners approached this Court and filed the present writ petition seeking awrit of Mandamus declaring the Notification issued under Sec. 4 (1) of the LandAcquisition Act, as illegal and arbitrary.

It is submitted that the petitioners are small farmers having small extent of lands andare eking out their livelihood by doing agriculture and their grievance is thatalthough other lands belonging to the Government are available, intentionally the2[nd] respondent issued 4 (1) Notification proposing to acquire the lands of thepetitioners and dispensed with the enquiry under Sec. 5-A of the Land AcquisitionAct by invoking emergency clause under Sec. 17 (4) of the Land Acquisition Act,declaring that the lands are needed for public purpose i.e. for the purpose ofconstruction of summer storage tank and as such the enquiry under Section 5-A ofthe Land Acquisition Act was deliberately dispensed with a view to avoid validobjections from the petitioners.

While admitting this writ petition, this Court, on 17.8.1998, granted stay ofdispossession of the petitioners from the lands in question. However, this Courtdirected the respondents to continue the other proceedings.

Both the learned counsel have brought to my notice that in identical circumstancesquestioning the very same 4 (1) Notification, another Writ Petition No. 4339 of 1998was filed and this Court disposed of the said writ petition directing the respondentstherein to hold an enquiry as contemplated under Sec. 5-A of the Act.

In the light of the contentions put-forth by the petitioners as well as their learnedCounsel and also taking the fact that this Court already directed the authorities tohold an enquiry with regard to some other petitioners, I deem it appropriate to directthe respondents herein to hold an enquiry after receiving objections from thepetitioners herein as contemplated under Sec. 5-A of the Land Acquisition Act.

This writ petition is accordingly disposed of. No costs.

________________

30[th] December, 2004

vp

To

1 The Secretary, Revenue Department, Government of A.P., Secretariat, Hyderabad.

2 The District Collector, Kurnool, Kurnool District, 3 The Revenue Divisional Officer, Adoni, Kurnool District.

4 The Mandal Revenue Officer, Yemmiganur, Kurnool District

5. 2 C.Cs to Govt. Pleader for Land Acquisition, High Court buildings, Hyderabad (O.U.T.)

6. 2 C.D. copies.

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