THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.19883 of 2008 Date : 17-04-2014 Between:
M/s. Sri Lakshmi Ganesh Manikanta Sago Factory, Rayabhupalapatnam – 533 437, Peddapuram Mandal, East Godavari District represented by its Managing Partner M.Veerabhadra Rao.
… Petitioner and The District Collector, East Godavari at Kakinada and two others.
… Respondents THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.19883 of 2008 ORDER:
This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the land acquisition proceedings initiated against the petitioner's lands pursuant to the Notification issued under Section 4(1) of the Land Acquisition Act, nearing Ref. G2/3460/2008, dated 10-06-2008 and the Draft Declaration issued U/s.6 of Land Acquisition Act, bearing Ref. G2/ 3460/2008, Dated 25.08.2008 for acquisition of the petitioner's land of a total extent of Ac. 1.00 cents situated in Sy.No. 150/2 of Rayabhupalapatnam Village, Peddapuram Mandal, E.G.District, as illegal, arbitrary, arbitrary adn unjust and consequently direct the respondents to drop all further proceedings against the petitioner's lands in this regard and pass such other order or orders.”
2. Heard Sri N.Siva Reddy, learned counsel for the petitioner and the learned Government Pleader for Land Acquisition.
3. When the matter is called, it is represented by the learned counsel for the petitioner as well as the learned Government Pleader for Land Acquisition that in identical set of circumstances, this Court allowed W.P.No.19576/2008 by way of an order dated 26.04.2011 and the present writ petition is covered by the said order.
4. Following the above referred order in W.P.No.19576/2008 and having regard to the reasons recorded therein, this writ petition is allowed and Section 4 (1) notification in Ref. G2/3460/2008, dated 10-06-2008 and Section 6 Draft Declaration in Ref. G2/3460/2008, dated 25.08.2008 issued by the first respondent under the Land Acquisition Act, 1894 for acquisition of the land admeasuring Ac.1.00 cents situated in Sy.No. 150/2 of Rayabhupalapatnam Village, Peddapuram Mandal, E.G.District, are hereby set aside. As a sequel, miscellaneous petitions, if any shall stand closed. No order as to costs.
A.V.SESHA SAI, J Date:17.04.2014 grk THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.19883 of 2008 Date : 17-04-2014 grk