Andhra Pradesh High Court
WP/12671/2018 of Mrs.Chitteti Gurramma , Vs The State of Andhra Pradesh , on 29 December 2023
W.P. Nos.12623 & 12671 of 2018 THE HON’BLE SRI JUSTICE G.NARENDAR Writ Petition Nos.12623 and 12671 of 2018 COMMON ORDER: Heard the learned Counsel for the petitioners and the learned Government Pleader for Land Acquisition appearing for the respondents. 2. Learned Counsel for the
THE HON’BLE SRI JUSTICE G.NARENDAR
Writ Petition Nos.12623 and 12671 of 2018
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COMMON ORDER:
Heard the learned Counsel for the petitioners and the learned Government Pleader for Land Acquisition appearing for the respondents.
2. Learned Counsel for the petitioners has placed before this Court a copy of the common order passed by a co-ordinate Bench, in W.P.No.15844 of 2016 and batch, dated 03.01.2023, whereby a batch of writ petitions, involving similar issue, came to be disposed of with the following observations:
“(a) The respondent authorities are directed to consider the claims of the petitioners for payment of compensation and pay compensation in terms of Full Bench judgment of this Court in Land Acquisition Officer-cum-Revenue Divisional Officer, Domalguda vs. Mekala Pandu and others : (2004 (2) ALD 451 (L.B.) in respect of their resumed lands payable on the date of resumption, with all other benefits as per the provisions of the Land Acquisition Act, within a period of eight (08) weeks from the date of receipt of copy of this order, if they are found to be the original assignees.
(b) The purchasers of the assigned lands are at liberty to pursue the remedies available to them as per law.
(c) There shall be no order as to costs.”
3. Per contra, learned Government Pleader for Land Acquisition would submit that the respondents attempted to make payments to some of the petitioners and when such of those petitioners to whom the amount was tendered, refused to receive the same, the respondents have deposited the amount with the concerned Land Acquisition Officer and that they are at liberty to approach the Land Acquisition Officer for necessary relief.
4. Per contra, the learned Counsel for the petitioners would submit that the instant writ petitions be disposed of in terms of the order relied upon.
5. It is not in dispute that the issue of the holders of assignment lands being entitled to compensation has been settled by the Larger Bench of this Court in the case of Land Acquisition Officer-cum-Revenue Divisional Officer, Domalguda vs. Mekala Pandu and others[1]. The co-ordinate Bench of this Court has also followed the dicta of the Larger Bench.
6. That being the settled position, this Court has no option except to follow the dicta of the Larger Bench.
12004 (2) ALD 451 (L.B.)
7. Accordingly, the respondents shall consider and settle the issue of compensation in terms of the Larger Bench judgment rendered in the case of Mekala Pandu[1].
8. With the above directions, both these Writ Petitions are disposed of. No order as to costs.
Consequently, miscellaneous petitions, pending if any, shall stand closed.
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JUSTICE G.NARENDAR
Date:29.12.2023. cs