IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3581 of 2014 Between:
Pilarisetti Madhava Sinha, S/o. Late P. Narahari Sinha, Aged 65 years, Occ: Rtd. Employee, R/o. D.No.6-149, Nidamanuru (V), Vijayawada Rural (M), Krishna District & 3 others .. Petitioners AND The District Collector, Krishna at Machilipatnam & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3581 of 2014 ORDER:
The petitioners aver that land to an extent of Ac. 2.57 cents in R.S.No.260, Ac. 1.09 cents in R.S.No.261/3 and Ac. 1.19 cents in R.S.No.263/2, situated at Nizampet Village (Balarampet), Machilipatnam, Krishna District, is ancestral property. From out of this extent of land, approximately 4000 square yards of land was utilized for the purpose of laying road by the respondent Municipality. Before utilizing the land for the purpose of laying road, procedure as mandated by the Land Acquisition Act (Repealed), 1894, was not followed. The petitioners were not put on notice and no opportunity of hearing was afforded to them and no compensation is paid. It is, therefore, the contention of the petitioners that the entire process followed was ex facie illegal and by their illegal actions, the right of the petitioners to own the property and enjoyment were entertained without sanction of law. Aggrieved by the forcible acquisition and utilization, the petitioners have submitted several representations starting from 24.10.2012 and though representations were acknowledged, so far no orders are passed.
2. When the matter is taken up for consideration, learned counsel for the petitioners as well as the learned Government Pleader submits that since representations submitted by the petitioners are pending, a direction be issued to pass appropriate orders, as permitted by law, on those representations within a reasonable time.
3. Having regard to the submissions made and without expressing any opinion on merits, the Writ Petition is disposed of directing the Commissioner, Machilipatnam Municipality, Krishna District (4th respondent) to pass appropriate orders, as warranted by law, by considering the representations of the petitioners, dated 24.10.2012, 26.11.2012 and 31.12.2012, as expeditiously as possible and communicate to the petitioners by a reasoned order within a period of four (4) weeks from the date of receipt of copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 4th June, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3581 of 2014 Date: 4th June, 2014 KL