Disposed

Maggu Lakshmi Narayana, v. The District Collector

Telangana HC4 Dec 2009WP/26054/2009

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging a Section 4(1) land acquisition notification as violative of Article 300-A. Liberty was granted to the petitioner to raise all outstanding objections in the pending Section 5-A enquiry, noting that the petitioner had subsequently received notice under Section 5-A.

What did the court decide?

Liberty granted to raise objections in Section 5-A enquiry; Writ Petition disposed of.

Maggu Lakshmi Narayana, Vs The District Collector — Land Acquisition | Telangana HC (2009)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND NINE

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PRESENT

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THE HON'BLE SRI JUSTICE P.S.NARAYANA

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WRIT PETITION No.26054 of 2009

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Between:

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Nuggu Lakshmi Narayana, S/o.Subrahmanyam

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..... PETITIONER

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AND

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The District Collector, Prakasam District and another

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....RESPONDENTS

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The Court made the following:

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THE HON’BLE SRI JUSTICE P.S. NARAYANA

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WRIT PETITION No.26054 OF 2009

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ORDER:

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The writ petition is filed challenging 4(1) Notification under the Land Acquisition Act, 1894 (for short, ‘the Act’) published in Part-I Extraordinary of Prakasam District Gazette, dated 26.10.2009 as illegal, arbitrary and violative of Article 300-A of the Constitution of India.

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2. Several facts had been narrated in the affidavit filed in support of the writ petition.

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3. Several objections had been raised for the proposed acquisition of land by issuing the notification under Section 4(1) of the Act.

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4. It is stated that the enquiry under Section 5-A of the Act had not been dispensed with. It is however stated that after filing of the writ petition the notice under Section 5-A of the Act had also been issued on 26.11.2009.

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5. In the light of the substantial objections which had been raised by the writ petitioner in the affidavit filed in support of the writ petition, liberty is given to the writ petitioner to raise all these objections, to the notice issued under Section 5-A of the Act as specified in the said notice, and let respondent No.2 i.e., The Revenue Divisional Officer/Land Acquisition Officer enquire into the same in accordance with law by giving personal hearing to the petitioner.

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6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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___________________ P.S. NARAYANA, J

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December 04, 2009 Note: Furnish C.C. of the order by tomorrow. B/O.MD

Maggu Lakshmi Narayana, v. The District Collector

Case brief

What is this about?

What did the court decide?

Maggu Lakshmi Narayana, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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