Telangana High Court
WP/39040/2013 of Mandala Krishna Vs State of Andhra Pradesh rep. by its Principal Secretary to on 31 December 2013
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND THIRTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39040 of 2013 Between: Mandala Krishna .. Petitioner AND State of Andhra Pradesh, Rep. by its Principal Secretary
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESHAT HYDERABAD
TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWOTHOUSAND AND THIRTEEN
Present
Between:
Mandala Krishna
.. Petitioner
AND
State of Andhra Pradesh,Rep. by its Principal Secretary to theRevenue (Land Acquisition) Department,Secretariat, Saifabad, Hyderabad & 2 others
.. Respondents
The Court made the following:
ORDER:
The land to an extent of Ac. 8.09 cents in R.S.No.71/3 ofRavipalem Village of Acthutapuram Mandal, VisakhapatnamDistrict, was proposed for acquisition. Declaration underSection 6 of the Land Acquisition Act, 1894 (for short, ‘the Act’),was also given. There is an inter se dispute among the familymembers regarding the ownership and entitlement to claim thecompensation. The petitioner requests to refer the matter to thecompetent civil Court for adjudication regarding the rival claimsand notice to this extent was issued on behalf of the petitioneron 19.12.2013.
2. On instructions, the learned Assistant GovernmentPleader submits that award enquiry under Sections 9 and 10 ofthe Act has not been done so far and the dispute raised by thepetitioner can be considered by the competent authority duringthe award enquiry and an opportunity will be given to thepetitioner and requests for disposal of the writ petition in theabove manner.
3. It is premature on the part of the petitioner to request forreference to civil Court since award enquiry is not conducted so far.
4. Having regard to the submissions made by the learnedcounsel for the petitioner and the learned Assistant GovernmentPleader, it is open to the petitioner to participate in the awardenquiry and raise all objections as available to the petitioner andon filing of such objections, the competent authority shallconsider the same and take a decision.
5. With the above observations, the Writ Petition isdisposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shallstand closed.
_________________
P.NAVEEN RAO, J
Date: 31[st] December, 2013
KL
KL
Date: 31[st] December, 2013
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