HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.25806 of 2008 Date : 25-07-2014 Between:
Smt.Konda Mohini Ganga Lakshmi Kumari and another.
… Petitioners and State of Andhra Pradesh, represented by Prl. Secretary, Revenue Department, Secretariat, Hyderabad and two others.
… Respondents
THE HON’BLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.25806 of 2008 O R D E R:
This writ petition is filed seeking the following relief:
“To issue writ of Mandamus or any appropriate writ order or direction declaring the action of the respondents in issuing Notification Under Sec. 4(1) of the Land Acquisiton Act in Roc NO. G1/870/2007/S.W dt. 12-5-2008 published in Visalandhra Telugu Daily News Paper on 18-5-2008 proposing to acquire the lands of the petitioners Ac. 9.50 cents in Sy.No. 200/1, 200/2, 200/3, 201/1, 201/2,; and Ac.
9.56 cents in Sy.No. 203, 207/1, 207/2, 208/1 Respectively situated at Gundugolanu Village , Bhimadole Mandal, West Godavari District and consequential Proceedings of the 2nd respondent in Roc No. G1/370/2008 (SW) dt. 2-11-2008 as illegal, arbitrary and violative of principles of natural justice and for a consequential order directing the respondents herein to drop all further proceedings including dispossession of the petitioners from their lawful possession and enjoyment of the above said lands purusant to the above proceedings.’
2. When the matter is taken up, learned counsel for the petitioners has placed on record an order passed by this Court in W.P.No.25247 of 2008 dated 15.05.2014 wherein the same draft notification and the draft declaration were questioned by certain others. The said writ petition was partly allowed by this Court, setting aside the proceedings in Roc.No.G1/370/2008 (SW), dated 02.11.2008 while keeping it open to the respondent authorities to conduct enquiry under Section 5 of the Land Acquisition Act after giving notice and opportunity of being heard to the petitioners therein and while permitting the petitioners therein to file additional objections, if any.
3. Following the above referred order and for the reasons recorded therein, this writ petition is also partly allowed, setting aside the proceedings of the 2nd respondent in Roc No. G1/370/2008 (SW) dated 2-11-2008 keeping it open to the respondent authorities to conduct enquiry under Section 5 of the Land Acquisition Act after giving notice and opportunity of being heard to the petitioners herein and the petitioners herein are permitted to file additional objections, if any. As a sequel, miscellaneous petitions, if any shall stand closed. No order as to costs.
A.V.SESHA SAI, J Date:25.07.2014 grk
THE HON’BLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.25806 of 2008
Dated:25.07.2014