Telangana High Court
WP/28400/2007 of Ambati Hanumantha Reddy Vs The District Collector, Medak District, at on 31 December 2007
SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No. 28400 of 2007 Date: 31.12.2007 Between: Ambati Hanumantha Reddy … Petitioner AND The District Collector, Medak District at Sangareddy & others. … Respondents Counsel for the petitioner : Sri P. Nageswar Rao for Sri B.
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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No. 28400 of 2007Date: 31.12.2007Between:Ambati Hanumantha Reddy… PetitionerANDThe District Collector,Medak District at Sangareddy & others.… RespondentsCounsel for the petitioner : Sri P. Nageswar Rao for Sri B. Nagi ReddyCounsel for the respondents: Assistant Government Pleader for Land Acquisition THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDYWRIT PETITION No. 28400 of 2007
ORDER:-
This writ petition is filed for a writ of mandamus to declarethe action of the respondents in proposing to acquire the patta landof the petitioner admeasuring Ac.3.12 guntas situated in Sy.No.132of Chinthakunta Village, Andole Mandal, Medak District, withoutissuing any notice and without following the procedurecontemplated under law, as illegal, arbitrary and violative ofArticles 14 and 300-A of the Constitution of India.
In the affidavit filed in support of the writ petition thepetitioner claimed that he is the owner and pattadar of agriculturalland admeasuring Ac.3.12 guntas in Sy.No.132 of ChinthakuntaVillage, Andole Mandal, Medak District. The petitioner specificallyaverred that in order to construct weigh bridge, the respondentsare seeking to utilize his land without acquiring the same and thaton 22.11.2007 the officials of the respondents came to the landand started taking measurements.
Heard Sri Nageswar Rao representing Sri B. Nagi Reddy,learned counsel for the petitioner.
Learned counsel for the petitioner submitted that therespondents are obliged in law to initiate proceedings under theLand Acquisition Act, 1894 (for short, ‘the Act’) if they intend toacquire the land of the petitioner and that so far, without initiatingany such proceedings, they are seeking to utilize the petitioner’sland by dispossessing him.
If the petitioner’s apprehension that his land is sought to beutilized for any public purpose without initiating the proceedingsunder the Act is correct, such an action cannot be countenancedin law.
The writ petition is therefore disposed of with the directionto the respondents not to interfere with the possession of thepetitioner in respect of Ac.3.12 guntas of land in Sy.No.132situated at Chinthakunta Village, Andole Mandal, Medak Districteither without his consent or without initiating appropriateproceedings under the provisions of the Act.
As a sequel to disposal of the writ petition,WPMP.No.37109 of 2007 filed by the petitioner for interim relief isdisposed of as infructuous.
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C.V.NAGARJUNA REDDY, J