Telangana High Court
WP/24946/2004 of Kudala Venkata Rami Reddy S/o Pulla Reddy Vs Special Dy, Collector (LA) SRBC, Banaganapalle, on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24946 of 2004 Between: 1 Kudala Venkata Rami Reddy S/o Pulla Reddy R/o Cherlopalle
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 24946 of 2004
Between:
1 Kudala Venkata Rami Reddy S/o Pulla Reddy R/o Cherlopalle Village, Owk Mandal, Kurnool District2 Vadde Venkateswarlu S/o Ramanna R/o Cherlopalle Village, Owk Mandal, Kurnool District 3 B. Surendranth Reddy S/o Late B. Satyanarayana Reddy R/o Chennampalle Village Owk Mandal, Kurnool District4 Vamsadara Suvrna Guptha S/o Late V. Rameswaram, R/o Owk Village & Mandal, Kurnool District 5 Bellary Sudhakar, S/o Venkatramaiah R/o Owk Village & Mandal, Kurnool District 6 Pasupula Jayalaxmamma W/o Subba Rayudu R/o Owk Village & Mandal, Kurnool District
AND
..... PETITIONERS
1 Special Dy, Collector (LA) SRBC, Banaganapalle, Kurnool District 2 Special Collector (LA) Srisailam Project, 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 of Mandamus or any other appropriate Writ or order or directiondeclaring the action of the respondents in proceeding to pass the award in respect ofthe petitioners lands situate in Sy. Nos. 348 350/1 & 350/2 of Cherlopalle Village,Owk Mandal, Kurnool District which are now acquired by the respondents by issuingform2-A notice published Ups A(1) of the L.A. Act in Eenadu Telugu Daily dt 1-12-2004 treating the same as cultivable lands with out proper inspection and enquiry asillegal and void and consequently direct the respondents to pass the award inrespect of the said lands by treating the same as mining lands and fixing separate value for structures present on the said lands after personally visiting the said landsand holding proper enquiry in this regard.
Counsel for the Petitioner: MR.B.D.MAHESWARA REDDY
Counsel for the Respondents: GP FOR LAND ACQUISITION
The Court made the following :
THE HONOURABLE SRI JUSTICE N.V.RAMANA
WRIT PETITION NO.24946 OF 2004
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ORDER:
Heard the learned counsel for the petitioners and the learned Government Pleaderfor Land Acquisition and with their consent the writ petition is disposed of at thestage of admission.
The case of the petitioners is that they are possessing lands in surveyNos.348/1, 350/1 and 350/2 of Cherlopalle village, Owk Mandal of Kurnool District.While so, on 1.12.2004 the second respondent had issued a notification in Form-2Aproposing to acquire lands situated in various survey numbers including the landsowned by the petitioners, for the purpose of constructing Owk Reservoir complex.
The grievance of the petitioners is that in the said notification, issued by therespondents in Form-2A it is stated in column No.5 that the lands in Sy.Nos.350/1and 350/2 are cultivable lands and for land in Sy.No.348/1 nothing is mentioned. It isthe case of the petitioners that the said lands are mining lands and the lands insy.nos.350/1 and 350/2 are surrounded by a compound wall and there are 8 rooms,2 sheds and a water tank constructed in the said land, but the said fact is notmentioned in the notification and declaration.
It is the further case of the petitioners that the market value for the mininglands is more when compared with agricultural lands. It is also submitted that thepetitioners have submitted a representation to the second respondent on 9.12.2004in this regard, but no action is forthcoming from the 2[nd] respondent and therespondents are going to pass the award without taking into consideration all theseaspects.
It is premature to come to a conclusion that award is going to be passedwithout taking into consideration all the objections raised by the petitioners.Admittedly, the petitioners have submitted a representation dated 9.12.2004 tosecond respondent.
Having regard to the facts and circumstances of the case, I deem itappropriate to dispose of the writ petition directing the respondents to consider theobjections raised by the petitioners at the time of passing the award in accordancewith law.
With the above observation, the writ petition is disposed of. No costs.
31.12.2004.
mdaa
Copy to:
1 Special Dy, Collector (LA) SRBC, Banaganapalle, Kurnool District 2 Special Collector (LA) Srisailam Project, Kurnool District
3. Two C.Cs to G.P.for Land Acquisition, High Court of A.p., Hyderabad(OUT).
4. Two C.D.copies.