Disposed

Bhagavathula Hanumatha Rao, v. The State of Andhra Pradesh

Andhra Pradesh HC14 Jul 2021WP/1244/2020

Case brief

AI extract

What is this about?

In a writ petition challenging unauthorized land acquisition and lack of compensation, the High Court directed respondent authorities to dispose of the petitioner's representation in accordance with law within four weeks.

What did the court decide?

Directed respondents to dispose of petitioner's representation within four weeks of receipt of copy of this order.

Bhagavathula Hanumatha Rao, Vs The State of Andhra… — Land Acquisition | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.1244 OF 2020

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ORDER :

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This writ petition is filed under Article 226 of the

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Constitution of India, seeking the following relief:

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“To issue Writ of Mandamus declaring the action of the respondent authorities in taking the petitioners land to an extent of 444-31 sq yards in 8^th Ward 10^th Block in T.S No.523/2 near Door No.1-2922/3 of Tenali Town, Guntur District and laying road without initiating land acquisition proceedings and without paying any compensation and rehabilitation benefits as illegal arbitrary and violative of Articles 14, 21 and 300A of Constitution of India and contrary to the provisions of Act 30 of 2013 and consequently direct the respondent authorities to immediately pay the compensation and rehabilitation benefits along with penal interest from the date of taking possession of the subject land and direct the 1^st respondent to take penal action on the other respondents as per the provisions of Act 30 of 2013”

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It is the case of the petitioner that, the petitioner own land to an extent of 4,292 sq.yds of site in 8^th Ward, 10^th Block in T.S.No.523/2 near Door No.1-29-22/3 of Tenali Town, Guntur District. Originally, the property belonged to Narumanchi Kanaka Durga Prasada Rao. During his life time, Narumanchi Kanaka Durga Prasada Rao executed a Registered Gift Deed dated 17.08.1949 in favour of his wife Narumanchi Annapurneswari bearing Document No.2289/1949. Narumanchi Kanaka Durga Prasada Rao died in the year 1979 and his wife became absolute owner of the property. As Narumanchi Annapurneswari had no children, the petitioner was fostered by her as her own son from childhood. During her lifetime, Narumanchi Annapurneswari executed a Registered Will dated 31.10.1990 vide Document

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MSM,J WP_1244_2020

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No.216/1990 bequeathing the property to this petitioner. Narumanchi Annapurneswari died intestate on 04.03.2011 and after her death, the petitioner being legatee under the Will, became owner of the property.

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While so, in the month of June, 2018, Respondent Nos. 2 to 5 have forcefully taken possession of petitioner’s site of an extent of 444-31 sq.yds, and formed road without initiating land acquisition proceedings and without payment of compensation. Thereupon, the petitioner made a representation to the respondents and the same was forwarded by the District Collector, Guntur to the Sub Collector & Land Acquisition Officer, Tenali vide letter L.Dis.No.2967/2019-G2 dated 26.11.2019 for taking necessary action. But, till date, no action was taken by the SubCollector & Land Acquisition Officer, Tenali. Therefore, the inaction of the respondents is now questioned in the present writ petition.

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Sri Rambabu Koppineedi, learned counsel for the petitioner reiterated the contentions urged in the affidavit, whereas, learned Assistant Government Pleader for Land Acquisition requested to direct the respondents to take appropriate action on the representation of the petitioner, in accordance with law.

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Recording the submission of learned Assistant Government Pleader for Land Acquisition, it is suffice to direct the respondents to dispose of the representation of the petitioner, in accordance with law, within four (04) weeks from the date of receipt of copy of this order, keeping in view the letter addressed by the District Collector, Guntur to the Sub Collector & Land Acquisition Officer, Tenali vide proceedings L.Dis.No.2967/2019-G2 dated 26.11.2019.

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MSM,J WP_1244_2020

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With the above direction, writ petition is disposed of, at the stage of admission, with the consent of both the counsel. No costs.

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Consequently, miscellaneous applications, pending if any, shall stand dismissed.

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JUSTICE M. SATYANARAYANA MURTHY

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Date:14.07.2021

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Bhagavathula Hanumatha Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Bhagavathula Hanumatha Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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