Andhra Pradesh High Court
WP/32708/2023 of G LAKSHMI DEVAMMA Vs THE STATE OF AP on 29 December 2023
SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.32708 OF 2023 ORDER: The present Writ Petition is filed by the petitioner seeking the following relief: “…to issue a Writ of MANDAMUS or any other appropriate Writ Order of direction, declaring the impugned order in
THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO.32708 OF 2023
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ORDER:
The present Writ Petition is filed by the petitioner seeking the following relief:
“…toissue a Writ of MANDAMUS or any other appropriate Writ Order of direction, declaring the impugned order in Rc.A/194/LA-V/21/2015 dated 18.10.2021 on the file of the Revenue Divisional Officer, Kurnool, confirming the orders of fourth respondent Tahsildar, Orvakal Mandal in Rc.A.588/2014 dated 17.10.2014 resuming the land Ac.5-00 cents in Sy.No.645 of Sakunala village, Orvakal Mandal, Kurnool District, as illegal, arbitrary and violative of Principles of natural justice and our rights under Articles 21 and 300-A of the Constitution of India and issue a consequential direction to the respondents to pay compensation to the petitioners under Act 30 of 2013 and pass ….”
2. Heard Sri D.Krishna Murthy, learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition appearing for Respondent Nos.1 to 4.
3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit contended that the subject matter is squarely covered by the Order passed by the Coordinate Bench of this Court in W.P. No.12844 of 2018. The said order is placed on record, and has drawn the attention of this Court to the same and requested to pass a similar order in this Writ Petition also.
4. Learned Assistant Government Pleader for Land Acquisition, on written instructions dated 27.12.2023 submitted that, this case is squarely covered by the said order and reported no objection. He further submitted that this Court, in W.P. No.12844 of 2018 has directed to initiate land acquisition proceedings for payment of compensation as per the judgment of Land Acquisition Officer-cum-Revenue Divisional Officer vs. Mekala Pandu and others[1]. Instead of such direction, requested to direct the respondent-authorities to consider the petitioner’s case in terms of judgment of Mekala Pandu’s case and prayed to pass appropriate orders in that regard.
5. As the subject issue was already decided in the judgment referred supra and as both the learned counsel consented for consideration of the said judgment, this Court wants to dispose of the writ petition at the admission stage.
6. Taking into consideration the submissions of both the learned counsel for the petitioner as well as learned counsel for respondents and taking into consideration the judgment referred supra, this Court is inclined to pass the following order:
“The respondent-authorities are directed to consider the petitioner’s case in terms of G.O.Ms.No.259 dated 21.06.2016 and as well as the judgment of Mekala Pandu’s case referred supra” and pass appropriate orders within a period of four (04) weeks from the date of receipt of copy of this order.
7. Accordingly, the Writ Petition is allowed. There shall be no order as to costs.
As a sequel thereto, interlocutory applications pending, if any in the writ petition, shall also stand closed.
8. The Registry is directed to enclose a copy of the order in W.P. No.12844, dated 14.02.2023, to this order.
29[th] December, 2023 PND
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JUSTICE RAVI CHEEMALAPATI