Disposes of a writ petition challenging the eviction procedure under the Land Acquisition Act. Holds that respondents must follow due process before eviction.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND NINE
PRESENT:
THE HON'BLE SRI JUSTICE P.S. NARAYANA
WRIT PETITION No.26570 of 2009
Between:
Banne Buchiraju and seven others
..... PETITIONERS
AND
The Land Acquisition Officer/Revenue Divisional Officer, Jengareddigudem, W.G. District and another
..... RESPONDENTS
ORDER:
Heard the counsel.
2. The writ petition is filed praying for the relief of writ of Mandamus declaring the action of the respondents without following the due process of law contemplated under the provisions of Land Acquisition Act making attempts to dispossess the petitioners from their tobacco barrens of Ac.0.03 Cents each in R.S.No.113 situated at Palakunta Village, H/o.Nimmalagudem Village of Buttaigudem Mandal, is illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents not to dispossess the petitioners from their tobacco barrens and to pass such other suitable orders.
3. Several facts have been narrated in the affidavit filed in support of the writ petition. The learned Assistant Government
Pleader for Land Acquisition had taken notice on 05-12-2009 and prayed time to get instructions.
4. In light of the facts and circumstances, this court is of the considered opinion that inasmuch as the respondents are bound to follow the procedure, in accordance with law let further steps be taken in this regard to evict the petitioners in accordance with law, if they are so advised.
5. Accordingly, the writ petition is disposed of. No order as to costs.
P.S. NARAYANA, J
December 14, 2009. PN
THE HON'BLE SRI JUSTICE P.S. NARAYANA
WRIT PETITION No.26570 of 2009
December 14, 2009
Banne Buchiraju and seven others
The Land Acquisition Officer/Revenue Divisional Officer, Jengareddigudem, W.G. District
P.S. Narayana
As recorded by the court registry
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