Mootha Mangaraju Vs the State of Ap

The State of Andhra Pradesh, Rep. by its Principal Secretary, Forest, Rural Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District.

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The Revenue Divisional Officer-cum-Land Acquisition Officer, Kakinada.

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The District Collector, East Godavari, Kakinada.

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The Andhra Pradesh Dairy Development Co-operative Federation Ltd., Rep. by its Managing Director, Lalapet, Hyderabad.

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Godavari Co-Operative Milk Producers Union Ltd., Rep. by General Manager, Alcot Gardens, Rajahmundary, East Godavari^District.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction, more preferably one in the nature of Writ of Mandamus declaring the Land Acquisition Proceedings initiated under the Land Acquisition Act, 1894, are null and void by invoking the deeming proviso under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently direct the respondents to return^the land to the original owner/legal heirs under Section 101 of Act No.30/2013, by directing the respondents 1 to 3 to de-notify the subject land^{ofaboutanextentof} Acres 5.00 in Survey No.212/IB of Ramanayyapeta Village, Kakinada Municipality from the process of acquisition, or alternatively direct the respondents to pay compensation as per proviso to sub section (2) of Section 24 of Act No.30/2013 since the petitioners are entitled for compensation as per Act No.30/2013 for there is inaction on the part of the officials to deposit the entire compensation as per^{theCalculationMemo} filed by the petitioners in I.A.No.430/2023 in O.P.^{No.53/1993onthefileof} the Principal Senior Civil Judge, Kakinada.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to order the Respondents to pay the compensation as per the Calculation Memo filed by us in I.A.No.430/2023 in^{O.P.No.53/1993onthe} file of the Principal Senior Civil Judge, Kakinada forthwith pending finalization of the above Writ Petition in the interest of justice.

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Counsel for the Petitioner: SRI. K A NARASIMHAM

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Counsel for the Respondent Nos. 1 to 4: THE ADVOCATE GENERAL

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The Court made the following order:

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[3329]

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APHC010115632024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI