HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.18612 OF 2014 Date:07.07.2014 Between:
B. Surya Rao and another .. Petitioners And Government of Andhra Pradesh, Rep., by Principal Secretary (Revenue), Secretariat, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.18612 OF 2014 ORDER:
Heard the learned counsel for the petitioners and learned Government Pleader for Revenue appearing for the respondents.
The petitioners state that their mother was an assignee, who is no more. The petitioners claim to be the successors. They further state that while they were away from aforesaid assigned land admeasuring Acs.2.00 in Survey No.405/5 situated at Rajala Agraharam Village, Rambilli Mandal, Visakhapatnam, the said land was resumed by the Government for public purpose, sometime in September, 2007. The petitioners have stated that they were not aware of the same. They filed the claim petition on 03.02.2014 before the Revenue Divisional Officer, Anakapalli, under Section 9 (9) of the Land Acquisition Act. Claiming compensation and alleging inaction on the part of the Revenue Divisional Officer, the petitioners filed the present writ petition.
During the hearing, the learned counsel for the petitioners fairly submitted that since the Government assigned land is resumed, the provisions of the Land Acquisition Act may not have any application. However, the claim of the petitioners is required to be considered as per the policy of the Government for grant of exgratia to such of the assignees, whose land is resumed for public purpose.
While exgratia is available to the assignees on resumption of their land, the petitioners’ mother, who was the assignee is no more, and since the petitioners are successors, they are free to seek appropriate orders for exgratia. However, the present application under the Land Acquisition Act filed by the petitioners’ on 03.02.2014 is, therefore, clearly misconceived. Hence, no relief can be granted to the petitioners in the present writ petition with respect to the said claim. However, the petitioners are at liberty to make appropriate application with necessary documents to the competent authority seeking exgratia, so as to enable the competent authority to consider the same on merits.
Subject to the above, the writ petition is dismissed. There shall be no order as to costs.
The miscellaneous petitions, if any, pending in this writ petition shall stand closed.
VILAS V. AFZULPURKAR, J
07.07.2014 KH