THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7955 OF 2004 DATED 26th AUGUST, 2014 Between:
Nallaralla Shankaraiah And others.
… Petitioners And The District Collector, Nalgonda, Nalgonda District.
… Respondent THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7955 OF 2004 O R D E R This writ petition was filed assailing the action of the District Collector, Nalgonda, in seeking to take over possession of the lands belonging to the petitioners without recourse to the provisions of the Land Acquisition Act, 1894. A consequential direction was sought for initiation of the proceedings under the said Act for taking over the possession of the petitioners’ lands in various survey numbers of Eddulagudem, H/o. Proddutur Village of Valigonda Village, Nalgonda District.
While so, the Revenue Divisional Officer, Bhongir, filed a counter-affidavit stating that the subject lands are shikam lands and that no steps were taken by the District Collector, Nalgonda, to take possession thereof for raising a common bund as alleged by the petitioners. It is further stated that as possession of the subject lands were never taken by the State, the question of issuing notice to the petitioners or paying compensation therefor did not arise.
In the light of the stand taken in the counter-affidavit, it is clear that the writ petition was filed on a mere apprehension. The writ petition is accordingly closed. Pending Miscellaneous Petitions, if any, shall also stand dismissed. No order as to costs.
26th AUGUST, 2014 ------------------------------------- SANJAY KUMAR, J
PGS