THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.9853 of 20010 And WRIT PETITION No. 24735 of 2008 W.P.No.9853/2010 Between:
Kanchumarthi Venkata Seetha Ramachandra Rao PETITIONER AND
1. State of Andhra Pradesh, rep. by its District Collector, West Godavari District, Eluru, and others.
RESPONDENTS COMMON ORDER:
Since the issues in these two writ petitions are interrelated and the subject matter is also same, this Court deems it appropriate to dispose of these two writ petitions by way of this common order.
2. Heard Sri Eranki Phani Kumar, learned counsel for the petitioner in W.P.No.9853 of 2010 and for the 6th respondent in W.P.No.24735 of 2008, Sri Balanaga Srinivas, learned counsel for the petitioners in W.P.No.24735 of 2008, and the learned Government Pleader for Land Acquisition for the State, apart from perusing the material available on record.
3. Filtering inapposite details, the facts that are essential for disposal of these two writ petitions are as under:
For the purpose of excavation of the right canal for Indira Sagar Polavaram Project, the Government acquired the lands situated in various survey numbers of Dhumanthunigudem Village of Devarapalli Mandal, West Godavari District. In respect of the lands, wherein the parties to the present writ petitions are claiming interest and payment of compensation, the respondent-authorities passed Awards bearing Nos. 2/2007, 3/2007 and 2/2006 and 56/2006. The sum and substance of the case of the petitioner in W.P.No.9853 of 2010, who is the 6th respondent in W.P.No.24735 of 2008, is that despite reference made by the land acquisition authorities under the provisions of Sections 30 and 31 of the Land Acquisition Act, 1894 (for short ‘the Act’) the Court of the learned Senior Civil Judge, Kovvur refused to entertain the LAOP (SR) Nos.4327/2010, 4326/2010, 4320/2010 and 4319/2010 on the ground of pendency of the present W.P.No.9853 of 2010. On the other hand, the case of the petitioners in W.P.No.24735 of 2008 is that they are also interested in the land in view of their possession.
4. In the affidavit filed in support of W.P.M.P.No.34484 of 2010, filed by the petitioner in W.P.No.9853 of 2010, seeking his impleadment as 6th respondent in W.P.No.24735 of 2008, it is stated that the petitioners in W.P.No.24735 of 2008 are farm servants and without his consent they received the crop compensation in respect of Award No.3/2007.
5. The reference of Awards under Section 30 and 31 of the Act to the Court of the Senior Civil Judge, Kovvur is not disputed by the respondents. Since the matters have already been referred under the provisions of Section 30 and 31(2) of the Act, this Court finds absolutely no justification to meddle with any action on the part of the official respondents. It is open for the petitioners in W.P.No.9853 of 2010 and W.P.No.24735 of 2008 to approach the said reference Court. The petitioner in W.P.No.9853 of 2010 is entitled to resubmit LAOP. (SR).Nos.4327/2010, 4326/2010, 4320/2010 and 4319/2010 before the Court of the Senior Civil Judge, Kovvur, within a period of ten days from the date of receipt of a copy of this order. The petitioners in W.P.No.24735 of 2008 are also entitled to participate in the said reference proceedings. It is needless to observe that the reference Court, on such resubmission, would answer the reference as expeditiously as possible.
6. With the above observations, these two writ petitions are disposed of. No costs. As a sequel, miscellaneous petitions, if any, stand closed.
JUSTICE A.V. SESHA SAI.
20th November, 2014 Js.