Dismissed

V Lalini Chowdary v. the State of Ap

Andhra Pradesh HC13 Jul 2021WP/12927/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking compensation for land allegedly acquired for a hospital without compensation. The court observed that the petitioner failed to prove title, noting she suppressed the fact that her husband's earlier petition on the same issue was dismissed due to lack of title proof.

What did the court decide?

The writ petition was dismissed. There shall be no order as to costs.

V Lalini Chowdary Vs the State of Ap — Land Acquisition | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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W.P.No.12927 of 2021

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ORDER:

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The petitioner claims to be owner of 2280 Sq.yards situated in old Town Survey No.974 to 978 of Arandal Pet, Vijayawada Town, which is presently Sy.No.49 of Hanumanpet, Vijayawada Town.

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It is the case of the petitioner that the land belonging to her was utilized for construction of a hospital without paying any compensation to her and without acquiring the land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Land Acquisition Act, 2013). She relies upon a Registered Sale Deed of the year 1922 under which, the owners of the land had executed a Deed of Sale in favour of one Sri Mallikarjunudu. Apart from this, there is no other document or flow of title shown as to how the petitioner became the owner of the land.

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3. Sri P.V.Venkata Ravi Shankar, learned counsel for the petitioner submits that there is a Deed of Gift executed by the husband of the petitioner and as such title flows to the petitioner. He seeks time to produce the said document.

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4. The learned Government Pleader for Medical and Health submits that the husband of the petitioner had earlier filed W.P.No.19246 of 2020, claiming ownership of 2280 Sq.yards of land and seeking compensation for the said land on the ground that a hospital has been built on the said land

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RRR,J 2 W.P.No.12927 of 2021

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without paying compensation. This Court had disposed of the said writ petition holding that the petitioner therein had not proved his title or possession of the property and leaving it open to the petitioner to establish his right and title independently before an appropriate forum.

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5. In view of the aforesaid decision of this Court dated 30.03.2021, the case of the husband of the petitioner itself has not been accepted by this Court on the ground that the husband of the petitioner could not demonstrate his title over the land. In such circumstances, the question of accepting any Deed of Gift from the husband of the petitioner to the petitioner as a document of a title for the petitioner would not arise.

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6. This petition has been filed on 28.06.2021 after the decision of this Court on 30.03.2021 in W.P.No.19246 of 2020. However, the petitioner has suppressed the fact that her husband already filed a writ petition and the same had been disposed of by this Court on the ground that the husband of the petitioner was unable to prove his title to the land.

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7. In the circumstances, there are no grounds to grant any relief to the petitioner and this Writ Petition is dismissed. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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____________________________ R. RAGHUNANDAN RAO, J.

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13^th July, 2021 RJS

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RRR,J 3 W.P.No.12927 of 2021

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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W.P.No.12927 of 2021

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13^th July, 2021

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RJS

V Lalini Chowdary v. the State of Ap

Case brief

What is this about?

What did the court decide?

V Lalini Chowdary v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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