THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.13308 of 2008 Between:
1. Mullapudi Veera Venkata Kasi Viswanatha Rao, and others.
PETITIONERS AND
1. The District Collector, West Godavari at Eluru, and others.
RESPONDENTS ORDER:
This writ petition, filed under Article 226 of the Constitution of India, challenges the proceedings in Roc.No.G4/25/2007 (SW), dated 31.05.2008 issued by the District Collector West Godavari District, Eluru- 1st respondent herein, wherein and whereunder the 1st respondent rejected the objections filed by the petitioners under Section 5-A of the Land Acquisition Act, 1894 (hereinafter called ‘the Act’) and directed the Revenue Divisional Officer, Kovvur Mandal, West Godavari District to proceed further for acquisition of the lands of the petitioners situated in Sy.No.73 of Vemuluru Village, Kovvur Mandal, West Godavari District.
2. Heard Sri Ghanta Rama Rao, learned counsel for the petitioners and learned Government Pleader for Land Acquisition for respondents.
3. A notification under Section 4(1) of the Act was issued by the 1st respondent herein on 11.02.2007, proposing to acquire the lands of the petitioners situated in Sy.No.73 of Vemuluru Village, Kovvur Mandal, West Godavari District. Assailing the validity of the said draft notification, petitioners along with others, earlier filed W.P.No.4247 of 2007 before this Court and this Court by virtue of the order dated 02.03.2007 disposed of the said writ petition directing the respondents to hold enquiry under Section 5-A of the Act. In pursuance of the said order, the respondent- authorities conducted enquiry under Section 5-A of the Act and the District Collector by virtue of the impugned proceedings dated 31.05.2008 rejected the said objections. Assailing the said rejection of objections, the present writ petition has been filed.
4. This Court while ordering Rule Nisi on 25.06.2008 in W.P.M.P.No.17172 of 2008 granted interim stay of dispossession of the petitioners from the lands in question pursuant to the impugned proceedings. Today when the matter is taken up, the order in W.P.Nos.17726 and 18756 of 2006 dated 07.07.2010 passed by this Court in respect of the same village is placed on record by the learned counsel for the petitioner.
5. It is submitted by the learned Government Pleader that the subject land in the present writ petition is no longer required for acquisition for the time being. The learned Government Pleader also submits that if in future the petitioners’ lands are required, the same would be acquired by following due process of law. The said submission is recorded.
6. In view of the above reasons and having regard to the orders of this Court passed earlier and keeping in view the submission of the learned Government Pleader, this writ petition is allowed and the impugned proceedings are quashed. However, this order will not preclude the respondent-authorities from acquiring the lands of the petitioners in accordance with law, if they choose to do so. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
3rd July, 2014 Js.
Note: C.C in 4 days.