HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.28056 OF 2008 DATED:22.12.2014 Between:
Kakinada Special Economic Zone Vyathireka Porata Committee Represented by its President Bavisetti Narayana Swamy, Ravivaripodu Village, A. Mallavaram Post U. Kothapalli Mandal East Godavari District and others … Petitioners And The Government of India Ministry of Commerce and Industries Department of Commerce (EPZ Section) Udyog Bhavan New Delhi-11 and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.28056 OF 2008 ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed against the Government of India and the Government of Andhra Pradesh. In our view, description of these parties in the cause title, is contrary to Article 300 of the Constitution of India. Therefore, we direct the Department to effect amendment of the cause title as follows:
In place of Government of India, it should be Union of India and hence the word ‘Government’ should be deleted adding the word ‘Union’ Similarly, in place of Government of Andhra Pradesh, it should be State of Andhra Pradesh and hence the word ‘Government’ should be deleted adding the word ‘State’.
After this amendment is carried out only the order passed by us should be supplied to the parties.
This public interest litigation has been filed for the following reliefs:
“…to issue a writ of mandamus or any other writ, order or direction, more in the nature of Mandamus,
(i) declaring the Notifications issued under section 4(1) of the Land Acquisition Act, dated: 29-12-2005, 28-10-2006 and 04-11-2006 covering an area of 7956 acres and 10 cents as arbitrary, illegal, unjust and motivated;
(ii) declare that all the transactions relating to land which are covered under section 4(1) notification also as illegal, unconstitutional and bad and set aside the same;
(iii) declare the sale transactions which were entered into between individual ryots and Respondent No.9 styling for the purposes of KSEZ obtaining on an illegal exemption of stamp duty and registration fee as void; and further direct that the lands under such transaction be released from the sale deeds.”
Looking at the prayer, it is clear that the land acquisition proceedings are sought to be challenged in this litigation. The petitioners say that except petitioner No.6 all the petitioners are said to having interest in the land. According to us, challenge to the land acquisition proceedings can be made by the persons who affected before appropriate forum and this is not an appropriate forum where the challenge should be accepted. Moreover, it is informed by Sri Vedula Venkataramana, learned Senior Counsel appearing for respondent No.9, that similar challenge was made by individual persons. We only record the same. We are not deciding anything else. We hold that the writ petition is not maintainable. If petitioner Nos.1 to 5 are still aggrieved for any reason because of the land acquisition, they will be free to approach appropriate forum for redressal of their grievance.
The writ petition is accordingly dismissed.
Pending miscellaneous petitions, if any, shall also stand dismissed. There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 22.12.2014 bnr/gbs